Disposed¶24

Sukh Chand and Ors. v. Smt Pan Bai and Ors.

Rajasthan HC3 Jan 2025CW/5513/2008

Case brief

AI extract

What is this about?

Temporary injunction; Order 39 Rule 1 and 2 read with Section 151 CPC; Civil Miscellaneous Appeal No.50/2007; Additional District Judge No.2 Bayana; Civil Judge (Senior Division) Weir; Bharatpur; writ petition against concurrent interim injunction orders; non-interference; expeditious disposal of suit; 20-year pendency since 2004; direction to trial court; Registry to communicate order; disposed of; Narendra Singh Dhaddha, J.; decided 03/01/2025.

What did the court decide?

Writ petition disposed of with a direction to the trial court to decide the suit, if pending, expeditiously in accordance with law; Registry directed to send a copy of the order to the concerned trial court forthwith for information and compliance; pending application(s) disposed of. ¶24

Sukh Chand and Ors. Vs Smt Pan Bai and Ors. — Rajasthan HC (2025) — LawSathi Research

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writ Petition No. 5513/2008

¶3

Sukh Chand, Aged about 50 years, S/o Shri Narayan.

¶4

Sukhram S/o Shri Narayan.

¶5

Pooran S/o Shri Narayan.

¶6

R/o Village Boraj, Tehsil Weir, District Bharatpur.

¶7

Banti S/o Shri Pooran.

¶8

Dharmi S/o Shri Bishanya.

¶9

R/o Village Boraj, Tehsil Weir, District Bharatpur.

¶10

---Defendants-Petitioners

¶11

Versus

¶12

Smt Pan Bai W/o Shri Bane Singh, S/o Samaliya Ram, R/o Village Boraj, Tehsil Weir, District Bharatpur.

¶13

---Plaintiff-Respondent

¶14

Additional District Judge No.2, Bayana, District Bharatpur.

¶15

Civil Judge (Senior Division), Weir, District Bharatpur.

¶16

For Petitioner(s) : Ms. Manisha Sharma, Adv. For Respondent(s) : Mr. R. P. Garg, Adv.

¶17

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

¶18

Order

¶19

03/01/2025

¶20

The instant petition has been filed by the petitionersdefendants(for short ‘the defendants’) against the order dated 05.04.2008 passed by the Additional District Judge No.2, Bayana, District Bharatpur (for short ‘the appellate court’) in Civil Miscellaneous Appeal No.50/2007, whereby the appellate court while dismissing the appeal filed by the defendants, affirmed the order dated 29.08.2007 passed by the Civil Judge(Senior Division) Weir, District Bharatpur (for short ‘the trial court’), whereby the trial court allowed the plaintiff-applicant’s application under Order 39 Rule 1 and 2 read with Section 151 CPC.

¶21

[CW-5513/2008]

¶22

(2 of 2)

¶23

Taking into consideration the facts and circumstances of the present case and more particularly in view of the fact that the suit was filed before the trial court in the year 2004, thereafter 20 years have been passed. Instead of interfering with the impugned orders, I dispose of civil writ petition with a direction to the trial court to decide the suit, if pending with it, expeditiously, in accordance with Law.

¶24

Registry is directed to send a copy of this order to the concerned trial court forthwith for information and compliance. Pending application(s), if any, also stand(s) disposed of.

¶25

(NARENDRA SINGH DHADDHA),J

¶26

Gourav/94

Sukh Chand and Ors. v. Smt Pan Bai and Ors.

Case brief

What is this about?

What did the court decide?

Sukh Chand and Ors. v. Smt Pan Bai and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Bharat Gour S/O Late Shri Sitaram Sharma, Vs Shri Vaibhav Galriya

Dr. Prakash Chhipa Son of Shri Ramesh Chandra Chhipa, Vs State of Rajasthan

Buddhi Prakash Sharma S/O Late Shri Kalyan Prasad Sharma Vs Nagar Nigam, Jaipur

Ramesh Kumar Bhardwa Vs Addi Districrt Judge and Ors.

Ajeet Kumar Buchasiya S/O Jagannath Buchasiya Vs Smt. Gyarsi Devi W/O Jitendra Kumar Sharma

Rajkumar Khedwal S/O Late Shri Shankarlal Vs Shri Surendra Kumar Khedwal Son of Late Shri Shankarlal Ji