HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
(1) S.B. Civil Writ Petition No. 13719/2019
Mahendra Kumar Garg S/o Sh. Ramswaroop Gupta, Aged About
47 Years, B/c Agarwal Mahajan, R/o Nearby Balaji Chowk,
Hanumanji, Gangapur City, Distt. Sawai Madhopur (Raj.) C/o
Mahendra Medical Store, Kachhari Road, Gangapur City.
----Petitioner
Versus
1. Dinesh Chand Garg S/o Sh. Bali Ram Garg, Aged About
38 Years, B/c Mahajan, R/o Kachhari Road, Gangapur
City, Distt. Sawai Madhopur (Raj.)
2. Omprakash Garg S/o Sh. Bali Ram Garg, Aged About 29
Years, B/c Mahajan, R/o Kachhari Road, Gangapur City,
Distt. Sawai Madhopur (Raj.)
3. Smt. Vidha Devi W/o Late Sh. Bali Ram Garg, B/c
Mahajan, R/o Kachhari Road, Gangapur City, Distt. Sawai
Madhopur (Raj.)
4. Damodar Lal Garg S/o Sh. Ramswaroop Gupta, B/c
Agarwal Mahajan, R/o Nearby Balaji Chok, Hanumanji,
Gangapur City, Distt. Sawai Madhopur (Raj.)
----Respondents
Connect with (2) S.B. Civil Writ Petition No. 4495/2020 Tanaji Maratha Son Of Shir Vitthal Kulkarni, Aged About 75 Years, By Caste Maratha, Resident Of Ghee Wali Gali, Gangapur City, District Sawai Madhopur.
----Petitioner Versus Dwarka Prasad Son Of Shri Ram Kalyan Gupta, By Caste Mahajan Agarwal, Resident Of Ghee Wali Gali, Gangapur City, District Sawai Madhopur.
----Respondent
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(3) S.B. Civil Writ Petition No. 7289/2019
1. Bajrang Lal S/o Sh. Kalyan Baksh Saharwale, Aged About 61 Years, By Caste Mahajan Agarwal, R/o Gangapur City, Proprietor Of M/s B.m. Readymade Centre, Khari Bazar, Gangapur City, Distt. Sawai Madhopur (Raj.)
2. M/s B.m. Readymade Centre, Khari Bazar, Gangapur City, Distt. Sawai Madhopur Through Its Proprietor Bajrang Lal S/o Sh. Kalyan Baksh Saharwale, By Caste Mahajan Agarwal, Aged About 61 Years, R/o Gangapur City (Raj.)
----Petitioners Versus Smt. Dropadi Devi W/o Sh. Ghasi Lal Ameriya, Aged About 71 Years, By Caste Mahajan Khandelwal, R/o Gangapur City, Dist. Sawai Madhopur.
----Respondent
For Petitioner(s) : Mr. DK Dixit
Mr. LL Gupta
For Respondent(s) : Mr. Rajneesh Gupta
JUSTICE DINESH MEHTA
Judgment
05/10/2021
1. Learned counsel appearing for the respondent/s has pointed out that in a similar matter this Court had passed a similar interim order in Abdul Majid Vs. Chauthi Lal in SBCWP No.10728/2019 on 04.07.2019. The said order has been assailed in Chauthi Lal Agarwal (since deceased) Vs. Abdul Majid in SLP No.15676/2021 before the Apex Court and the Apex Court vide order dated 10.08.2021 passed following order:-
"Delay Condoned.
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(3 of 4) [CW-13719/2019] Applications seeking exemption from filing official translation and certified copy of the impugned order are allowed.
Issue notice.
Until further orders, there shall be stay of operation of the impugned interim orders of the High Court. Tag with SLP(C) No.1551/2018."
2. Learned counsel for the respondent/s submits that keeping in view the order passed by the Supreme Court, the interim order passed by this Court does not deserve to be extended.
3. This Court finds that the original judgment passed by this Court in K. Ramnarayan Vs. Shri Pukhraj in DB Civil Ref No.1/2015 holding that the cases under the TP Act cannot be allowed to continue has been stayed by the Supreme Court in Pukhraj Vs. K. Ramnarayan in SLP No.1551/2018.
4. In view of the stay passed by the Supreme Court, the trial Court would continue to have jurisdiction to decide the case under the Transfer of Property Act as it existed and the new Rent Control Act would have no application as the view taken by this Court has already been stayed by the Supreme Court.
5. In view thereof, the interim orders passed by this Court in writ petition earlier cannot be followed, keeping in view the subsequent order passed by the Supreme Court on 10.08.2021 in SLP No.15676/2021 as quoted above.
6. In view thereof, the interim orders passed by this Court is vacated.
7. Learned counsel for the petitioner/s submits that nothing further remains in the writ petitions. In view of the above, the writ petitions stand dismissed.
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8. All pending applications including stay application also stand disposed of.
(DINESH MEHTA),J C P GOYAL /C-1,2&3 (Downloaded on 05/10/2021 at 10:47:40 PM) Powered by TCPDF (www.tcpdf.org)