Disposed

Smt Chandrakanta Wife of Shri Poonamchand Jain v. Smt Meenakshi Jain Wife of Shri Arun Kumar Gangwal

Rajasthan HC1 Nov 2025CW/16280/2025

Case brief

AI extract

What is this about?

Writ petition challenging the delay in deciding a temporary injunction application pending for over 16 months in a suit for pre-emption. The Court directed the Trial Court to decide the application within 45 days.

What did the court decide?

Direction issued to the Trial Court to decide the temporary injunction application within 45 days.

Smt Chandrakanta Wife of Shri Poonamchand… — Civil Procedure and Limitation | Rajasthan HC (2025)

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[2025:RJ-JP:43793]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 16280/2025

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Smt Chandrakanta Wife of Shri Poonamchand Jain, aged about 74 Years,

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Shri Manish Jain Son of Shri Poonamchand Jain, aged about 48 Years, Both Residents of 653, Maniharan Ka Rasta, Tripolia Bazar, Jaipur and presently residing at Plot No. 5, Apex Lane, Indrapuri, Lalkothi, Jaipur.

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----Petitioners

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Versus

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Smt Meenakshi Jain Wife of Shri Arun Kumar Gangwal, aged about 65 Years, Resident of 656, Gangwal Bhawan, Maniharan Ka Rasta, Jaipur, Presently Resident of 41, Mahavir Nagar, Tonk Road, Jaipur.

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Smt. Beena @ Veena Jain Wife of Shri Satishchandra Gangwal, aged about 59 Years, Resident of 41, Mahavir Nagar, Tonk Road, Jaipur

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Shri Anoop Kumar Beriya Son of Shri Indra Kumar Beriya, aged about 47 Years, Resident of Plot No. 24, Vijaybadi, Path No. 2, Dhehar Ka Balaji, Jaipur.

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Municipal Corporation Jaipur Heritage, Through Mayor, Badi Chaupad, Jaipur.

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Deputy Commissioner, Municipal Corporation Heritage, Zone Kishanpole, Jaipur.

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----Defendants-Respondents

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For Petitioner(s) : Mr. Harshit Sharma with Mr. Bhavya Kala For Respondent(s) :

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HON'BLE MR. JUSTICE MANEESH SHARMA

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Order

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01/11/2025

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The present writ petition has been filed by the petitioners with a prayer that the petitioners have filed a suit for pre-emption

[2025:RJ-JP:43793]

[CW-16280/2025]

(2 of 3)

under Section 8 of the Rajasthan Pre-emption Act, 1966 in the month of April, 2024 along with the temporary injunction application under Order 39 Rule 1 and 2 Code of Civil Procedure, 1908 (CPC).

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Learned counsel for the petitioners submits that despite completion of pleadings in the temporary injunction application, the learned Trial Court has not decided the temporary injunction application, even after the lapse of more than one year and six months.

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Learned counsel further submits that the learned Trial Court is casually giving dates in temporary injunction application proceedings, therefore, he prays to issue directions to the learned Trial Court to decide the temporary injunction application in an expeditious manner within a period of two months.

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Heard the submission made by learned counsel for the petitioners and perused the material available on record. 5. From the record of the case, it is evident that the civil suit along with temporary injunction application was filed in the month of April, 2024 and despite completion of pleadings in temporary injunction application, the temporary injunction application has not been decided as yet and further, order-sheets of the case reveals that the temporary injunction application is pending from last more than one year and six months.

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Therefore, while considering the facts of the case, the present writ petition is disposed of with a direction to the learned Trial Court to decide the temporary injunction application filed under Order 39 Rule 1 and 2 Code of Civil Procedure, 1908 (CPC)

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[2025:RJ-JP:43793]

[CW-16280/2025]

within a period of forty five (45) days from the date of receiving of the certified copy of this Order.

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In view of the above, the present writ petition stands disposed of.

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Any other pending application(s), if any, stand disposed of.

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(MANEESH SHARMA),J

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SOURAV /2

Smt Chandrakanta Wife of Shri Poonamchand Jain v. Smt Meenakshi Jain Wife of Shri Arun Kumar Gangwal

Case brief

What is this about?

What did the court decide?

Smt Chandrakanta Wife of Shri Poonamchand Jain v. Smt Meenakshi Jain Wife of Shri Arun Kumar Gangwal

Case brief

What is this about?

What did the court decide?

What the court decided

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