Remanded

Smt. Murti Daughter of Late Shri Badliya Gurjar, Wife of Shri Phoolchand Gurjar v. the State of Rajasthan

Rajasthan HC23 Aug 2024WMAP/191/2024

Case brief

AI extract

What is this about?

The High Court recalled an order dated 09.11.2023 directing expedited execution proceedings because the applicant was not impleaded as a party and material facts regarding parallel civil proceedings were not disclosed. The writ petition is restored to enable impleadment of the missing party.

What did the court decide?

Order dated 09.11.2023 recalled and Writ Petition No.8175/2023 restored for impleadment of Subhash as party respondent.

Smt. Murti Daughter of Late Shri Badliya Gurjar, Wife… — Property and Title | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Writ Miscellaneous Application No. 191/2024

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S.B. Civil Writ Petition No.8175/2023

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Smt. Murti Daughter Of Late Shri Badliya Gurjar, Wife Of Shri Phoolchand Gurjar, Aged About 51 Years, Resident Of Jainpurbas, Tehsil Behror, District Alwar (Rajasthan).

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----Petitioner

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Versus

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The State Of Rajasthan, Through The Principal Secretary, Department Of Revenue, Government Secretariat, Jaipur (Rajasthan).

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The Sub-Divisional Officer, Behror, District Alwar (Rajasthan).

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The Tehsildar, Behror, District Alwar (Rajasthan).

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Subhash Son Of Shri Jairam Gurjar, Aged About 39 Years, Resident Of Gram Jainpurabas, Tehsil Behror, District Alwar.

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Smt. Shanti Widow Of Kailash, Aged About 50 Years, Resident Of Gram Jainpurabas, Tehsil Behror, District Alwar.

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Dholaram Son Of Kailash, Aged About 32 Years, Resident Of Gram Jainpurabas, Tehsil Behror, District Alwar.

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Mukesh Son Of Kailash, Aged About 27 Years, Resident Of Gram Jainpurabas, Tehsil Behror, District Alwar.

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Ramswaroop Son Of Shri Nahar Singh Gurjar, Aged About 74 Years, Resident Of Gram Jainpurabas, Tehsil Behror, District Alwar.

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Bobad Son Of Shri Nahar Singh Gurjar, Aged About 69 Years, Resident Of Gram Jainpurabas, Tehsil Behror, District Alwar.

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Smt. Misarli Widow Of Shri Harnath Gurjar, Aged About 89 Years, Resident Of Gram Jainpurabas, Tehsil Behror, District Alwar.

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Dulichand Son Of Shriram, Aged About 32 Years, Resident Of Gram Jainpurabas, Tehsil Behror, District Alwar.

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Satish Son Of Shriram, Aged About 44 Years, Resident Of Gram Jainpurabas, Tehsil Behror, District Alwar.

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Gyarsi Widow Of Shriram, Aged About 84 Years, Resident Of Gram Jainpurabas, Tehsil Behror, District Alwar.

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Mst. Sundari Widow Of Pappu Gurjar, Aged About 52 Years, Resident Of Gram Jainpurabas, Tehsil Behror, District Alwar.

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Raju Son Of Pappu Gurjar, Aged About 26 Years, Resident Of Gram Jainpurabas, Tehsil Behror, District Alwar.

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Lalchand Son Of Pappu Gurjar, Aged About 20 Years, Resident Of Gram Jainpurabas, Tehsil Behror, District Alwar.

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Hero Daughter Of Pappu Gurjar, Aged About 21 Years, Resident Of Gram Jainpurabas, Tehsil Behror, District Alwar.

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Sushma Daughter Of Pappu Gurjar, Aged About 18 Years, Resident Of Gram Jainpurabas, Tehsil Behror, District Alwar.

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Harpyari Widow Of Shri Subhash, Aged About 54 Years, Resident Of Gram Jainpurabas, Tehsil Behror, District Alwar.

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Ashok Son Of Shri Subhash, Aged About 29 Years, Resident Of Gram Jainpurabas, Tehsil Behror, District Alwar.

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Omveer Son Of Subhash, Aged About 24 Years, Resident Of Gram Jainpurabas, Tehsil Behror, District Alwar.

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Mst. Chimali Daughter Of Shri Prabhati, Aged About 89 Years, Resident Of Gram Jainpurabas, Tehsil Behror, District Alwar.

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----Respondents

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For Petitioner(s)	: Mr. Ashvin Garg,
	Mr. Prakash Kumar Jha
For Respondent(s)	: Mr. Gajendra Singh Rathore

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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23/08/2024

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Instant miscellaneous application has been filed by the applicant-Subhash for recalling the order dated 09.11.2023 passed by this Court while deciding S.B. Civil Writ Petition No.8175/2023 submitted by the writ petitioner-respondent Smt. Murti.

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Learned counsel for the applicant submits that with regard to similar property in question, various civil proceedings are pending before the different Courts wherein interim orders passed by the Competent Court with regard to maintaining status quo by all the

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respective parties. Learned counsel further submits that the aforesaid facts were not brought into the notice of the Court and without impleading the application as a party in the writ petition. Learned counsel further submits that this Court has allowed the writ petition filed by the writ petitioner-respondent Smt. Murti vide order dated 09.11.2023, directing the Executing Court to decide the execution proceedings within a period of one year. Learned counsel also submits that since two different matters are pending before two different Courts and interim orders are operating against all the respective parties, therefore, under these circumstances, the order dated 09.11.2023 passed by this Court be recalled and the applicants be provided adequate opportunity, after impleading them as party respondent.

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Per contra, learned counsel for the writ petitioner-respondent opposed the argument advanced by learned counsel for the applicant and submitted that a judgment and decree was passed in favour of the petitioner wayback in the year 1963 and till date, the respondent-writ petitioner is not in a position to get the fruits of the decree, hence, under these circumstances, no option was left with the respondent-writ petitioner to approach this Court, seeking appropriate directions against the Executing Court to expedite the executing proceedings.

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Considering all these factual aspects of the matter, this Court vide order dated 09.11.2023 directed the Deputy Collector, Behror to expedite the proceedings of the execution proceedings. Counsel submits that under these circumstances, interference of this Court is not warranted.

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Heard and considered the submissions and perused the material available on record.

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Perusal of the record indicates that after passing of the decree in the year 1963, certain other suits/proceedings have been instituted by the respective parties with regard to the same property in question before different Courts wherein interim orders have been passed with regard to the property in question and the parties have been directed to maintain status quo. But these orders were not brought into notice of this Court.

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While filing S.B. Civil Writ Petition No.8175/2023, the applicant-Subhash was not impleaded as respondent and the order dated 09.11.2023 has been passed by this Court ex-parte.

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Considering the above factual aspect of the matter, the order dated 09.11.2023 is recalled and the S.B. Writ Petition No.8175/2023 is restored to its original number.

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Learned counsel for the writ petitioner-respondent is directed to implead the applicant-Subhash as party respondent in the said petition.

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(ANOOP KUMAR DHAND),J

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Seema/188

Smt. Murti Daughter of Late Shri Badliya Gurjar, Wife of Shri Phoolchand Gurjar v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Smt. Murti Daughter of Late Shri Badliya Gurjar, Wife of Shri Phoolchand Gurjar v. the State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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