Durgadutt @ Durga through Lrs Vs Keshar Son of Shri Birju @ Brajlal — Rajasthan HC (2026) — LawSathi Research

Durgadutt @ Durga through Lrs Vs Keshar Son of Shri Birju @ Brajlal — Rajasthan HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Leave to withdraw the writ petition granted on the basis of compromise/settlement; petition dismissed as withdrawn; all pending applications disposed of; IA No.1/2021 dismissed as infructuous; IA No.1/2024 dismissed as not pressed.

Issue for consideration

Whether permission should be granted to withdraw S.B. Civil Writ Petition No. 4194/2021 on the basis of the compromise/settlement between the parties. +2 more

Court's answer

Permission to withdraw the writ petition on the basis of the compromise/settlement is granted for the reasons mentioned in the application.

Ratio / Principle

The present civil writ petition is dismissed as withdrawn.

Key takeaways

All pending application(s), if any, stand disposed of.ratio¶40
IA No.1/2021 seeking vacation of the ex parte interim order dated 29.06.2021 is dismissed as having been rendered infructuous in view of the dismissal of the writ petition.ratio¶47
IA No.1/2024 seeking impleadment of the subsequent purchaser is dismissed as not pressed, the main petition having already been disposed of.ratio

Detailed headnote1 paragraphs

Rajasthan High Court, Jaipur Bench — S.B. Civil Writ Petition No. 4194/2021, order dated 13/01/2026, Maneesh Sharma, J. The petitioners, being the legal heirs of the since-deceased original petitioner Durgadutt @ Durga, applied (IA No.1/2025) for withdrawal of the writ petition on the basis of a compromise/amicable settlement with the respondents. Permission was granted and the civil writ petition was dismissed as withdrawn, with all pending applications disposed of. Consequential orders: (i) IA No.1/2021, seeking vacation of the ex parte interim order dated 29.06.2021 passed by a co-ordinate Bench, was dismissed as having been rendered infructuous; and (ii) IA No.1/2024, seeking impleadment of the alleged subsequent purchaser Sh. Krishan Gopal Sharma S/o Ghasi Ram Sharma from respondent No.9-Shiv Kumar Murarka, was dismissed as not pressed. The order decides no substantive law point; it is purely a disposal on withdrawal/settlement.

[2026:RJ-JP:1298]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 4194/2021

Durgadutt @ Durga S/o late Shri Bhaniram, R/o Basawa, Tehsil Nawalgarh, District Jhunjhunu (Since Deceased) through his legal heirs:-

1/1 Sushil Kumar S/o Shri Durgadutt, R/o Shop No.57, Abhishek Market, Ring Road, Surat Gujrat

1/2. Shravankumar S/o Late Shri Durgadutt, R/o Shop No.74, Abhishek Market, Ring Road, Surat Gujrat

1/3. Shashikant S/o Shri Durgadutt, R/o B-304, Kailash Mansarowar Opposite Garden Court, Near Kasturi Garden, Behind Maiksas Mal, Post Bhayendar West Mumbai

1/4. Rakesh Kumar S/o Late Shri Durgadutt, R/o Shop No.74, Abhishek Market, Ring Road, Surat Gujrat

1/5. Smt. Sarla Devi D/o Late Shri Durgadutt W/o Santoshkumar, R/o Kiran Aayar Store, Sadar Bazar, Gudha Godji Ka Tehsil Udaipurwati District Jhunjhunu (Raj)

----Petitioners

Versus

Keshar S/o Shri Birju @ Brajlal, R/o Bharuka Enterprises, Ganiyari Road, Vedan, District Sindhi, Madhya Pradesh

Chhedilal S/o Late Shri Ramkumar, Farm Ramkumar Chhedilal G.T. Road, Mugalsaray At Present District Chandoli, Madhya Pradesh.

Shyamlal S/o Late Late Bhagirath grandson Late Shri Ramkumar, R/o Behind G.T. Petrol Pump, Laxmi Dal Meel, Mugalsaray At Present District Chandoli Madhya Pradesh.

Hariprasad

Basant Kumar

Mahesh Kumar Sons of Late Shri Mahaveer Prasad grandson of Late Shri Ramkumar, R/o G.T. Road, Mugalsaray At Present District Chandoli.

Pawan Kumar S/o Late Shri Kanshiprasad grandson of Late Shri Ramkumar,

Sanjay Kumar S/o Late Shri Kanshiprasad grandson of Late Shri Ramkumar, Both residents of Firm Ramkumar Bhagirathmal, Lakadi Ke Vyapari, Mugalsaray G.T. Road At Present District Chandoli Madhya Pradesh.

Shivkumar Murarka S/o Shri Ramswaroop Murarka, R/o Gopinath Ka Mandir, Nawalgarh, Tehsil Nawalgarh, District Jhunjhunu (Raj)

Smt. Sulochana Widow of Late Shri Radheyshyam, 11. Ajay Kumar

[2026:RJ-JP:1298]

[CW-4194/2021]

(2 of 3)

Pankaj Kumar

Niranjan Kumar

Sandeep Kumar Sons of Late Shri Radheshyam, R/o Agarwal Vastralaya, G.T. Road, Mugalsaray At Present Chandoli, Madhya Pradesh

Bihari Lal S/o Late Shri Bajranglal grandson of Late Shri Bhaniram, R/o Basawa, Tehsil Nawalgarh, District Jhunjhunu At Present 7/30, Chauth Mala Mahesh Goregaon Mumbai

State of Rajasthan.

----Respondents

For Petitioner(s)	: Mr.	Shantanu Gupta
For Respondent(s)	: Mr.	ManojKumar Bhardwaj

HON'BLE MR. JUSTICE MANEESH SHARMA

Order

13/01/2026

In Application (IA No.1/2025):-

Matter has come up on application filed for withdrawal of the present writ petition on the basis of compromise/settlement.

Learned counsel for the petitioner, upon instructions of his client, submits that the dispute between the parties has been resolved by way of amicable settlement, therefore, he seeks permission to withdraw the present writ petition.

Permission sought for is granted and for the reasons mentioned in the application, the same is allowed.

The present civil writ petition is dismissed as withdrawn.

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

In Application (IA No.1/2021):-

(3 of 3)

[2026:RJ-JP:1298]

[CW-4194/2021]

Matter has come up on application filed for vacation of exparte interim order dated 29.06.2021 passed by a co-ordinate Bench of this Court.

Learned counsel for the petitioners submits that in view of the dismissal of the writ petition, the present application become infructuous.

In view of the above, the application (IA No.1/2021) is dismissed as having been rendered infructuous.

In Application (IA No.1/2024):-

Matter has come up on application filed for impeading the subsequent purchaser namely Sh. Krishan Gopal Sharma S/o Ghasi Ram Sharma from respondent No.9-Shiv Kumar Murarka.

Learned counsel for the petitioners submits that since the main petition has already been disposed of, therefore, he is not willing to press the present application for impleadment.

In view of the above, the present application is dismissed as not pressed.

(MANEESH SHARMA),J

DEEPA-231