Ravi S/O Shri Mahaveer Prasad Vs Iqbal S/O Shri Kasam Khan — Rajasthan HC (2026) — LawSathi Research

Ravi S/O Shri Mahaveer Prasad Vs Iqbal S/O Shri Kasam Khan — Rajasthan HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Permission to withdraw the appeal; appeal dismissed as withdrawn with liberty to the appellant to take appropriate remedy against Firm-Golden City, the subsequent buyer of part of the suit property, as permissible in law; all pending application(s), if any, disposed of.

Issue for consideration

Whether permission ought to be granted to withdraw the miscellaneous appeal against the trial court's order dated 18.03.2026 without interference with that order.

Court's answer

The Court did not interfere with the impugned order of the trial court and granted permission to the appellant to withdraw the present miscellaneous appeal.

Ratio / Principle

The appeal was dismissed as withdrawn, with liberty to the appellant to take appropriate remedy against Firm-Golden City, the subsequent buyer of part of the suit property, as permissible in law.

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR — S.B. Civil Miscellaneous Appeal No. 2173/2026 (URN: CMA / 3687U / 2026), decided 10/07/2026 by Sudesh Bansal, J. — Appellant-plaintiff Ravi preferred a miscellaneous appeal under Order 43 Rule 1(r) CPC against the order dated 18.03.2026 of Additional District Judge No.2, Jhunjhunu, which had allowed his application under Order 39 Rule 1 & 2 CPC and granted an interim injunction against the non-applicants without expressing any opinion on the merits, directing that the status of patta and record of the remaining suit land be kept unchanged until final adjudication of the original case, while leaving out the portions sold to Firm-Golden City by registered sale deed dated 27.09.2025 (prior to institution of the civil suit dated 08.10.2025) — khasra nos. 3667 and 3668 (total area 0.9400 hectare) and khasra no. 5234/3654 (area 1.23 hectare). Counsel for the appellant did not dispute that respondents-defendants No.1 & 2 stood injuncted and indicated that an application for amendment of the plaint and a separate injunction application seeking relief against the Firm-Golden City would be filed. Declining interference with the impugned order, the Court permitted withdrawal and dismissed the appeal as withdrawn with liberty to the appellant to take appropriate remedy against Firm-Golden City, the subsequent buyer of part of the suit property, as permissible in law; all pending applications were disposed of.

[2026:RJ-JP:26033]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Miscellaneous Appeal No. 2173/2026 URN: CMA / 3687U / 2026

Ravi S/o Shri Mahaveer Prasad, R/o D-114, Indira Nagar, Jhunjhunu, Tehsil And District Jhunjhunu.

----Appellant

Versus

Iqbal S/o Shri Kasam Khan, R/o Near Gudha Phatak, Ward No. 23, Moyal Colony, Jhunjhunu, Tehsil And District Jhunjhunu- First Address. R/o New Shyam Nagar Tankiwali Colony, Gudha Road, Jhunjhunu, Tehsil And District Jhunjhunu (Rajasthan) Second Address.

Farook Ali S/o Shri Iqbal, R/o Near Gudha Phatak, Ward No. 23, Moyal Colony, Jhunjhunu, Tehsil And District Jhunjhunu- First Address. R/o New Shyam Nagar Tankiwali Colony, Gudha Road, Jhunjhunu, Tehsil And District Jhunjhunu (Rajasthan) Second Address.

Manwar Ali S/o Ajim Khan, R/o Mohalla Batwalan, Jhunjhunu, Tehsil And District Jhunjhunu.

Khadim S/o Shri Salauddin, R/o Near Gudha Phatak, Jhunjhunu, Tehsil And District Jhunjhunu.

Akhtar Ali S/o Shri Jumma Khan, R/o Near Star Academy, Bakra Road, Jhunjhunu, Tehsil And District Jhunjhunu.

----Respondents

For Appellant(s)	: Mr.	Abhishek Bhardwaj
	Mr.	Pawan Kumar Verma
	Mr.	KuldeepSharma
For Respondent(s)	: Mr.	MS Saharan

HON'BLE MR. JUSTICE SUDESH BANSAL Order

10/07/2026

Heard counsel for appellant-plaintiff and counsel appearing on behalf of respondent No.2.

Appellant-plaintiff has preferred this miscellaneous appeal under Order 43 Rule 1 (r) CPC against the order dated 18.03.2026

[2026:RJ-JP:26033]

[CMA-2173/2026]

(2 of 2)

passed by Additional District Judge No.2 Jhunjhunu on his application under Order 39 Rule 1 & 2 CPC in following terms:

"vr% ewy okn ds xq.kkoxq.k ij dksbZ er O;Dr fd;s fcuk izkFkhZx.k dh vksj ls izLrqr izkFkZuk i= ckcr vLFkk;h fu"ks/kkKk fo:) vizkFkhZx.k Lohdkj fd;k tkdj vizkFkhZx.k dks bl vk'k; dh fu"ks/kkKk ls ikcan fd;k tkrk gS fd vizkFkhZx.k izkFkZuk i= esa of.kZr Hkwfe esa ls QeZ xksYMu flVh dks fnukad 27-09-2025 dks foØ; dh xbZ Hkwfe [kljk uacj 3667] 3668] dqy fdrk 2 dqy jdck 0-9400 gSDVs;j] [kljk uacj 5234@3654 dh 1-23 gSDVs;j Hkwfe dks NksM+dj 'ks"k Hkwfe ds laca/k esa ekSds o fjdkMZ dh fLFkfr dks ewy okn ds vafre fuLrkkj.k rd ;Fkkor cuk, j[ksaA"

Counsel for appellant-plaintiff does not dispute that as far as respondents-defendants No.1 & 2 are concerned, they have been injuncted by the trial Court and in respect of the property, sold to Firm-Golden City through registered sale deed dated 27.09.2025, prior to filing of the present civil suit dated 08.10.2025, an application for carrying out amendment in the plaint and separate application for injunction shall be filed, seeking relief against the Firm-Golden City.

In that view of the matter, without interference to the impugned order, permission to withdraw the present appeal is granted.

Accordingly, instant appeal is dismissed as withdrawn with liberty to appellant to take appropriate remedy against the FirmGolden City, the subsequent buyer of the part of suit property, as permissible in law.

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

(SUDESH BANSAL),J

25/RONAK JAIMAN