Allowed

Ashutosh Vashistha S/O Shri Tej Kumar Viashistha v. Tej Kumar Vashistha S/O Late Shri Jagannath Vashistha

Rajasthan HC2 Dec 2025CW/2566/2025

Case brief

AI extract

What is this about?

The Rajasthan High Court allowed the writ petition and quashed the impugned trial court order dated 03.01.2025. The court held the suit was a simplicitor for permanent injunction against a specific applicant-respondent. It ruled that a future decree against another defendant would not bind the applicant-respondent from whom they sought deletion.

What did the court decide?

The writ petition is allowed. The impugned order dated 03.01.2025 is quashed and set aside. The petitioner shall not be bound by any future decree against other defendants if none lies against the app

Ashutosh Vashistha S/O Shri Tej Kumar… — Civil Procedure and Limitation | Rajasthan HC (2025)

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[2025:RJ-JP:48994]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 2566/2025

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Ashutosh Vashistha S/o Shri Tej Kumar Viashistha, Aged About 57 Years, Resident Of 2966 Uniyara Rao Ji Ka Rasta, Purani Basti, Jaipur And Plot No. B-17/4, Shiv Marg, Bani Park, Jaipur (Raj.)

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----Petitioner

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Versus

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Tej Kumar Vashistha S/o Late Shri Jagannath Vashistha, Aged About 86 Years, Resident Of 502/501, Onkar Shri Apartment, Shastri Nagar, Jaipur And Vashistha Dental Clinic, First Floor, Dwarkadhish Ji Ma Mandir, Choura Rasta, Jaipur (Raj.)

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Abhinandan Vashistha S/o Shri Tej Kumar Vashistha, Aged About 56 Years, Resident Of 502/501, Onkar Shri Apartment, Shastri Nagar, Jaipur And Vashistha Dental Clinic, First Floor, Dwarkadhish Ji Ma Mandir, Choura Rasta, Jaipur (Raj.)

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New Peoples Academy Senior Secondary School, Reg. No. 20/86-87 Through Principal Address- House No. 2966, Third Crossing, Uniyaro Ka Rasta, Chandpole Bazar, Jaipur (Raj.)

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State Of Rajasthan, Through District Collector, Collectorate Office Building, Banipark, Jaipur (Raj.)

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Additional District Collector, Mudrank And Panjiyan Bhawan, Collectorate Office, Banipark, Jaipur (Raj.)

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Bhawani Singh S/o Shri Narpat Singh, Resident Of House No. 2966, Uniyaro Ka Rasta, Third Crossing, Chowkri Purani Basti, Jaipur (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Mahesh Gupta For Respondent(s) : Mr. Abhi Goyal with Ms. Meenal Bhargava

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HON'BLE MR. JUSTICE BIPIN GUPTA

Order

02/12/2025

[2025:RJ-JP:48994]

[CW-2566/2025]

(2 of 2)

With the consent of both the parties, the matter is heard finally.

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Learned counsel for the petitioner submits that the petitioner is a dominus litis and the suit is simplicitor for permanent injunction. However, since he has not sought any relief of permanent injunction against the applicant-respondent. Therefore, the learned Trial Court has committed illegality in passing the impugned order dated 03.01.2025.

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He further submits that, if any, decree is passed in the pending suit against the defendant, who was originally impleaded as a party, then the said decree cannot be executed against applicant-respondent, as they will not be bound by such decree.

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Learned counsel for the defendant submits that, if such decree is not binding upon the applicant-defendant, then the respondent has no grievances, if the writ petition is allowed and he is deleted from the array of parties.

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Considering the same, the present writ petition is allowed. The impugned order dated 03.01.2025, is quashed and set aside. 6. It is made clear that, if any, decree is passed in favour of the petitioner, applicant-respondent will not be bound by any such decree.

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With the above observations, the present Civil Writ Petition stands disposed of.

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

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(BIPIN GUPTA),J

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MAHIMA/61

Ashutosh Vashistha S/O Shri Tej Kumar Viashistha v. Tej Kumar Vashistha S/O Late Shri Jagannath Vashistha

Case brief

What is this about?

What did the court decide?

Ashutosh Vashistha S/O Shri Tej Kumar Viashistha v. Tej Kumar Vashistha S/O Late Shri Jagannath Vashistha

Case brief

What is this about?

What did the court decide?

What the court decided

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