Dismissed¶44

Motilal Koolwal Son of Late Shri Ramlal Ji Koolwal v. Smt. Sitadevi Wife of Late Shri Makhkhanlal Ji Koolwal

Rajasthan HC4 Feb 2025CW/11424/2019

Case brief

AI extract

What is this about?

Rajasthan High Court Jaipur; CW-11424/2019; Justice Narendra Singh Dhaddha; 04/02/2025; mesne profit; mesne profits deposit; Order 39 Rule 1 and 2 CPC; interim deposit of mesne profit during suit; Civil Suit No.31/2017; Additional District & Sessions Judge No.2 Jhunjhunu; Naresh Kumar Chiraniya defendant No.10; Motilal Koolwal; Prahladrai Koolwal; writ petition dismissed; trial court order 25.01.2019 upheld.

What did the court decide?

The trial court has not committed any error in dismissing the plaintiffs' application (the Order 39 Rule 1 and 2 CPC application seeking deposit of the mesne profit amount by defendant No.10); hence the trial court's order dated 25.01.2019 need not be set aside. ¶44

Motilal Koolwal Son of Late Shri Ramlal Ji Koolwal Vs Smt. Sitadevi Wife of Late Shri Makhkhanlal Ji Koolwal — Rajasthan HC (2025) — LawSathi Research

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writ Petition No. 11424/2019

¶3

Motilal Koolwal Son Of Late Shri Ramlal Ji Koolwal, Aged About 70 Years, Resident Of Poddar Gate Nawalgarh. Tehsil Nawalgarh, District Jhunjhunu - Presently Resident Of 6/426, S.f.s. Agarwal Farm, Mansarovar, Jaipur.

¶4

Prahladrai Koolwal Son Of Late Shri Ramlal Ji Koolwal, Aged About 68 Years, Resident Of Poddar Gate Nawalgarh. Tehsil Nawalgarh, District Jhunjhunu - Presently Residing At 128-129, Prawashi Nagar, Murlipura. Jaipur.

¶5

----Petitioners

¶6

Versus

¶7

Smt. Sitadevi Wife Of Late Shri Makhkhanlal Ji Koolwal, Aged About 83 Years, Resident Of Plot No. 22, Bal Vihar Colony, Kalwar Road, Jhotwara, Jaipur.

¶8

Pawan Kumar Son Of Late Shri Makhkhanlal Ji Koolwal, Aged About 55 Years, Resident Of Nawalgarh. Tehsil Nawalgarh, District Jhunjhunu - Presently Resident Of Care Of Salasar Balaji Kirana And General Store, Joshi Marg, Kalwar Road, Jhotwara, Jaipur.

¶9

Suresh Kumar Son Of Shri Omprakash Koolwal, Aged About 52 Years, Resident Of Nawalgarh, Tehsil Nawalgarh, District Jhunjhunu - Presently Resident Of Care Of Khandelwal General Store, Poddar Gate, Nawalgarh, Jhunjhunu.

¶10

Mahavirprasad Son Of Late Shri Makhkhanlal Ji Koolwal, Aged About 65 Years, Resident Of Nawalgarh, Tehsil Nawalgarh, District Jhunjhunu - Presently Resident Of 169, G.t. Road (South), Second Floor, Near Aaloka Cinema, Shivpur, Howrah- 711102 (West Bengal)

¶11

Vinod Kumar Son Of Late Shri Makhkhanlal Ji, Aged About 62 Years, Resident Of Nawalgarh, Tehsil Nawalgarh, District Jhunjhunu - Presently Resident Of 34/1, Nandlal Mitro Lane, Second Floor, Flat No. 5, Howrah - 711106 (West Bengal)

¶12

Smt. Radhadevi Daughter Of Late Shri Makhkhanlal Ji, Wife Of Late Shri Omprakash Rawat, Aged About 75 Years, Resident Of House No. 26, Radheypuri Extension

¶13

(2 of 4)

¶14

[CW-11424/2019]

¶15

First, Near Punjab National Bank, Delhi - 110051 (Since Deceased)

¶16

6/1. Ashok Kumar Son Of Late Shri Om Prakash Rawat, Resident Of House No 26, Radheypuri, Extension First, Near Punjab National Bank, New Delhi 110051

¶17

6/2. Deepak Kumar Son Of Late Shri Omprakash Rawat, Resident Of House No 26, Radheypuri, Extension First, Near Punjab National Bank, New Delhi 110051

¶18

6/3. Smt Uma @ Krishna Khandelwal Wife Of Shri Nandkishore Khandelwal, Daughter Of Late Shri Omprakash Rawat, Resident Of C-1, Dwarka Apartment, 20, Kuri Road, Hawda 711104.

¶19

6/4. Smt Rita Ghiya @ Babbloo Wife Of Sunil Ghiya, Daughter Of Late Shri Omprakash Rawat, Resident Of Plot No 7, Chitragupt Nagar-2, Imli Wala Phatak, Jaipur.

¶20

6/5. Smt. Nirmala Gupta Wife Of Ajay Gupta Daughter Of Lte Shri Omprakash Rawat, Resident Of Plot No. A-1, Ramdwara Colony, Mahavir Nagar, Tonk Road, Jaipur.

¶21

Smt. Sushila Devi Daughter Of Late Shri Makhkhanlal Ji, Wife Of Shri Ramchander Ji Khandelwal, Aged About 69 Years, Resident Of Plot No. 51, Bhartendu Nagar, Opposite Jaswant Nagar, Khatipura, Jaipur (Rajasthan)

¶22

Omprakash Koolwal Son Of Late Shri Ramlal Ji Koolwal, (Since Deceased 19.05.2016)

¶23

8/1. Smt Geeta Devi W/o Of Late Shri Omprakash Koolwal, Resident Of Care Of Khandelwal General Store, Poddar Gate, Navalgarh, Jhunjhunu, Rajasthan.

¶24

8/2. Mukesh Kumar Koolwal Son Of Late Shri Omprakash Koolwal, Resident Of Care Of Khandelwal General Store, Poddar Gate, Navalgarh, Jhunjhunu, Rajasthan.

¶25

8/3. Smt Anju W/o Late Shri Kailash Ji, Daughter Of Late Shri Omprakash Koolwal, Resident Of Satayanarayan Ji, Jhotwada,nivaroo Road, Opposite Punjab National Bank, Near Flyover,jhotwada, Jaipur.

¶26

8/4. Smt Suman Saraaf, Wife Of Shri Basant Ji Sarraf, Daughter Of Late Shri Omprakash Koolwal, Resident Of Shambhu Dayal Ji Sarraf Chandiwala Textiles, Manak Chaowk, Dausa, Rajasthan.

¶27

8/5. Smt Meena Khandelwal, W/o Girraj Ji Khandelwal,

¶28

(3 of 4) [CW-11424/2019]

¶29

Daughtger Of Late Shri Omprakash Koolwal, Resident Of D-27, Kailash Nagar, 61, Shankar Lane, Kandiwali (Kandiwali), Mumbai, 400067

¶30

8/6. Smt Dimple Khadelwal W/o Sanjay Ji Khandelwal, Daughter Of Late Shri Omprakash Koolwal, Resident Of Radhey Shyam Ji Khandelwal 165/29, Gulab Badi, Near Modi Building, Ajmer, Rajasthan.

¶31

Bajranglal Koolwal Son Of Late Shri Ramlal Ji Koolwal, Aged About 66 Years, Resident Of Nawalgarh, Tehsil Nawalgarh, District Jhunjhunu - Presently Resident Of E- 7, Murlipura Scheme, Near Kedia Palace, Jaipur (Rajasthan)

¶32

Naresh Kumar Chiraniya Son Of Shri Ramswaroop Ji Chiraniya, Aged About 58 Years, Resident Of Ward No. 25, Care Of Mahalaxmi Oil Mill, Roopniwas Kothi Road, Nawalgarh, Tehsil Nawalgarh, District Jhunjhunu.

¶33

----Respondents

¶34

For Petitioner(s) : Mr. Amitabh Verma, Adv. Ms. Charu Pareek, Adv. For Respondent(s) : None Present

¶35

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

¶36

Order

¶37

04/02/2025

¶38

The present civil writ petition has been filed by the plaintiffspetitioners (for short ‘the plaintiffs’) against the order dated 25.01.2019 passed by the Additional District & Sessions Judge No.2, Jhunjhunu (for short ‘the trial court’) in Civil Suit No.31/2017, whereby the trial court dismissed the application filed by the plaintiffs under Order 39 Rule 1 and 2 CPC for requiring defendant No.10-Naresh Kumar Chiraniya to deposit the amount of mesne profit in the court.

¶39

[CW-11424/2019]

¶40

(4 of 4)

¶41

Learned counsel for the plaintiffs submits that the plaintiffs filed a suit for recovery of mesne profit before the trial court in which the plaintiffs filed an application under Order 39 Rule 1 and 2 CPC before the trial court for direction to the defendant No.10 to deposit the amount of the mesne profit in the trial court but the trial court vide order dated 25.01.2019 dismissed the said application.

¶42

Learned counsel for the plaintiffs further submits that the trial court committed an error in rejecting the application filed by the plaintiffs. So, the petition filed by the plaintiffs be allowed and the order dated 25.01.2019 passed by the trial court be set-aside.

¶43

I have considered the arguments advanced by learned counsel for the plaintiffs and perused the impugned order dated 25.01.2019.

¶44

The trial court vide order dated 25.01.2019 while dismissing the application filed by the plaintiffs clearly mentioned that rights and liabilities are yet to be decided, so at that stage, no case was made out for issuing direction to the defendant No.10 to deposit the amount of the mesne profit in the court. So, in my considered opinion, the trial court has not committed any error in dismissing the application filed by the plaintiffs. So, the present petition being devoid of merit, is liable to be dismissed, which stands dismissed accordingly.

¶45

Pending application(s), if any, also stand(s), disposed of.

¶46

(NARENDRA SINGH DHADDHA),J

¶47

Gourav/119

Motilal Koolwal Son of Late Shri Ramlal Ji Koolwal v. Smt. Sitadevi Wife of Late Shri Makhkhanlal Ji Koolwal

Case brief

What is this about?

What did the court decide?

Motilal Koolwal Son of Late Shri Ramlal Ji Koolwal v. Smt. Sitadevi Wife of Late Shri Makhkhanlal Ji Koolwal

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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