Disposed¶24

Smt Sushila Dareya v. Surendra Meena Andors

Rajasthan HC22 Jan 2025CW/2006/2016

Case brief

AI extract

What is this about?

Disposed writ petition; appellate court's reversal of trial court status quo order left undisturbed; trial court urged to expedite suit; interim status quo order of 26.02.2016 continues till suit disposal; land dispute; Civil Misc. Appeal No. 126/15; Additional District and Sessions Judge No. 10 Jaipur Metro; Rajasthan High Court Jaipur; Justice Narendra Singh Dhaddha; 22 January 2025; petitioner through power of attorney; no counsel appearance.

What did the court decide?

Petition disposed of without interfering with the impugned order; trial court directed to decide the suit, if pending, expeditiously in accordance with law; Court's interim order dated 26.02.2016 to continue till disposal of the suit. ¶24

Smt Sushila Dareya Vs Surendra Meena Andors — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶24

Issue for consideration

Whether the petitioner's challenge to the appellate court's order dated 23.01.2016 (which allowed the respondents' appeal and set aside the trial court's status quo order dated 07.11.2015) should result in interference with that impugned order.

¶18

Court's answer

Taking into account that the suit was filed in 2015 and more than nine years had passed, the Court disposed of the petition without interfering with the impugned order, directing the trial court to decide the suit, if pending with it, expeditiously in accordance with law.

¶24

Ratio / Principle

The Court's interim order dated 26.02.2016 shall continue till disposal of the suit.

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Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), order dated 22.01.2025 by Hon'ble Mr. Justice Narendra Singh Dhaddha, in S.B. Civil Writ Petition No. 2006/2016 (no counsel present on either side). The petitioner, appearing through power of attorney, had challenged the order dated 23.01.2016 passed by the Additional District and Sessions Judge No. 10, Jaipur Metro Jaipur in Civil Misc. Appeal No. 126/15, whereby the appellate court, while allowing the appeal filed by the respondents, set aside the trial court's order dated 07.11.2015 directing both parties to maintain status quo over the disputed land. Noting that the underlying suit was filed in 2015 and more than nine years had elapsed, the Court disposed of the petition WITHOUT interfering with the impugned appellate order, and directed the trial court to decide the suit, if pending, expeditiously in accordance with law. The Court's own interim order dated 26.02.2016 (directing both parties to maintain status with regard to the disputed land) was ordered to continue till disposal of the suit. Pending applications stood disposed of.

¶1

[2025:RJ-JP:3139]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 2006/2016

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Smt Sushila Daeya W/o Sh. Radhakrishna Daeya, Aged 59 years, R/o 71/1, Gandhi Nagar, Churu Through Power of Attorney Sarika Singh R/o Choudhary Krishi Farm, Deedwana Road, Kuchaman City Distt. Nagaur

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----Petitioner

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Versus

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Surendra Meena S/o Sh. Laxminaraya Meena

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Ajay Kumar S/o Sh. Laxminaraya Meena Both R/o B-24 Vivekanand Colony, Naya Khera, Ambabari Jaipur

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Devanshu Meena S/o Sh. Ramji Lal Meena, R/o X-16 Patliputra Enclave Bidavat Marge, Ambabari Jaipur

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Shankar Lal S/o Sh. Gopal R/o 96 Agunabas, Shyampura dataramgarh Distt. Sikar Presently address E-652 RPA Colony, Shastri Nagar Jaipur

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Naresh Kumar S/o Sh. Sheeshram R/o Gram Sunari Post Sefraguwar Khetri Distt. Jhunjhunu Presently R/o U-48 Balaji Vihar-6 Benar Road Jaipur

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----Respondent

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For Petitioner(s)	:	None
For Respondent(s)	:	None

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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22/01/2025

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None has put in appearance for the petitioner.

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Petitioner has challenged the order dated 23.01.2016 passed by the Additional District and Sessions Judge No. 10, Jaipur Metro Jaipur in Civil Misc. Appeal No. 126/15 whereby the appellate Court while allowing the appeal filed by the respondents, set aside the order dated 07.11.2015 passed by the trial Court whereby the

[2025:RJ-JP:3139]

[CW-2006/2016]

(2 of 2)

trial Court directed both the parties to maintain status quo over the land in dispute.

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This Court vide order dated 26.02.2016 directed both the parties to maintain status with regard to the land in dispute.

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Taking into consideration the facts and circumstances of the case and more particularly in view of the fact that the suit was filed before the trial Court in the year 2015 and more than 9 years have been passed therefrom, without interfering with the impugned order, I dispose this petition with a direction to the trial Court to the decide the suit, if pending with it, expeditiously in accordance with law. The interim order dated 26.02.2016 passed by this court shall continue till disposal of the suit.

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

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(NARENDRA SINGH DHADDHA),J

¶27

Ritu/154

Smt Sushila Dareya v. Surendra Meena Andors

Case brief

What is this about?

What did the court decide?

Smt Sushila Dareya v. Surendra Meena Andors

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Procedural history

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