M/S Krishna Gopal Ayurved Bhawan (Dharmarth… — Writ and Judicial Review | Rajasthan HC (2026)

M/S Krishna Gopal Ayurved Bhawan (Dharmarth… — Writ and Judicial Review | Rajasthan HC (2026)

What the court decided

AI extract

Outcome

Writ petition allowed to be withdrawn and disposed of as not pressed without interfering with the impugned amendment order; interim stay order dated 11.02.2026 vacated; pending applications disposed of, enabling the suit to be decided before the trial Court in terms of the parties' settlement deed.

Issue for consideration

Whether the trial Court's order dated 22.01.2026 allowing an application for amendment in the plaint in Civil Suit No. 27/2025 was justified, given the petitioners-defendants' contention that the proposed amendment alters the nature of the suit drastically and substantially. +1 more

Ratio / Principle

Without interfering with the impugned order (the trial Court's amendment order dated 22.01.2026), the instant writ petition stands disposed of as not pressed, permitting the parties to have the suit decided before the trial Court in terms of their settlement.

Key takeaways

The interim stay order dated 11.02.2026 passed during the petition stands vacated.ratio¶25
All pending application(s), if any, also stand disposed of.ratio¶26

Detailed headnote1 paragraphs

S.B. Civil Writ Petition No. 2734/2026, High Court of Judicature for Rajasthan, Bench at Jaipur (Sudesh Bansal, J.; order dated 06/07/2026): Petitioners-defendants in Civil Suit No. 27/2025 (a suit for specific performance filed by respondents-plaintiffs before the trial Court, Ajmer) invoked Article 227 of the Constitution to challenge the trial Court's order dated 22.01.2026 allowing an application for amendment in the plaint, on the ground that the proposed amendment altered the nature of the suit drastically and substantially. During the petition, the parties entered into a mutual settlement (settlement deed placed on record) and jointly prayed that the writ petition be allowed to be withdrawn and the interim stay order dated 11.02.2026 be vacated so the suit could be decided before the trial Court in terms of the compromise. Without interfering with the impugned order, the writ petition was disposed of as not pressed; the interim stay order dated 11.02.2026 stood vacated; and all pending applications stood disposed of.

[2026:RJ-JP:25107]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 2734/2026 URN: CW / 5939U / 2026

M/s Krishna Gopal Ayurved Bhawan (Dharmarth Trust), Trust Office F-15-16, Industrial Area, Parbatpura, Ajmer Through Its Chariman.

The Secretary, M/s Krishna Gopal Ayurved Bhawan (Dharmarth Trust), Trust Office F-15-16, Industrial Area, Parbatpura, Ajmer

The Additional Secretary, M/s Krishna Gopal Ayurved Bhawan (Dharmarth Trust), Trust Office F-15-16, Industrial Area, Parbatpura, Ajmer

----Petitioners

Versus

M/s Krishna Gopal Kaleda Ayurved Bhawan Agency, Near Railway Crossing- Badgaon, Beawar Road, Ajmer (Rajasthan) Partnership Firm Through Its Partners.

Shri Narendra Kumar Khandelwal S/o Late Shri Shivcharan Das Khandelwal, Aged About 71 Years, R/o M- 19, Sagar Vihar Colony, Vaishali Nagar, Ajmer (Rajasthan) 305001.

Shri Kishan Gopal Khandelwal S/o Shri Kalicharan Das Khandelwal, Aged About 63 Years, R/o 6/169, Vidhyadhar Nagar, Jaipur (Rajasthan) 302039

Shri Keshav Khandelwal S/o Late Shri Girdhar Gopal Khandelwal, Aged About 33 Years, R/o M-30, Sagar Vihar Colony, Vaishali Nagar, Ajmer (Rajasthan) 305001. Through Their Power Of Attorney Holder Shri Gaurav Khandwlwal Aged 39 Years S/o Shri Narendra Kumar Khandelwal And R/o M-19, Sagar Vihar Colony, Vaishali Nagar, Ajmer (Rajasthan) 305001

----Respondents

For Petitioner(s)	: Mr. Ashish Kishore Saksena through
	Video Conferencing
	Mr. Harshit Mittal
For Respondent(s)	:

HON'BLE MR. JUSTICE SUDESH BANSAL Order

06/07/2026

Instant writ petition has been filed by petitioners-defendants under Article 227 of the Constitution of India, arises out of a civil suit for specific performance, filed by respondents-plaintiffs,

(2 of 2)

[2026:RJ-JP:25107]

[CW-2734/2026]

challenging the order dated 22.01.2026 passed in Civil Suit No. 27/2025 by the trial Court, Ajmer, whereby an application for amendment in the plaint has been allowed. The challenge to the order has been made on the ground that proposed amendment alters the nature of suit drastically and substantially.

Counsel for both parties jointly submit that during course of this petition, parties have entered into mutual settlement but due to passing of interim stay order dated 11.02.2026 & pendency of this petition, it is not possible to get decide the suit finally and agreeable to get disposed of the suit in terms of settlement before the trial Court. A copy of settlement deed entered into between parties has been placed on record.

Thus, a joint prayer has been made that instant writ petition may be allowed to be withdrawn and interim stay order be vacated, so as to get decide the suit before the trial Court in terms of compromise.

In view of above, without interfering with the impugned order, instant writ petition stands disposed of as not pressed.

Interim stay order dated 11.02.2026 stands vacated.

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

(SUDESH BANSAL),J

101/NITIN