Kavita Agarwal W/O Sitaram ... vs Geeta Meena

Citation : 2022 Latest Caselaw 2429 Raj/2
Judgement Date : 21 March, 2022

Rajasthan High Court
Kavita Agarwal W/O Sitaram ... vs Geeta Meena on 21 March, 2022
Bench: Sudesh Bansal
       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Second Appeal No. 282/2019

Kavita Agarwal W/o Sitaram Agarwal
                                                                  ----Appellant
                                   Versus
Geeta Meena
                                                                ----Respondent

For Appellant(s) : Mr. Nikhil Simlote & Mr. Salim Khangori for Mr. R.B. Mathur, Sr. Advocate For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL Order 21/03/2022 Learned counsel for appellant submits that his civil suit for permanent injunction in relation to plot in question has been rejected on an application under Order 7 Rule 11 CPC with the observation that subject matter of dispute can be adjudicated by the Registrar Cooperative Society under Section 50 of the Rajasthan Cooperative Society Act, 2001.

Learned counsel for appellant placed reliance upon the judgments in the case of Harsh Vardhan Kejriwal Vs. Madhav Nagar Grah Nirman Sahkari Samiti Ltd. Ors. 2007 (2) WLC 730 and Anant Shri Sukhramji Trust Ramdham, Birai Vs. Shri Balaji Grah Nirman Sahkari Samiti Ltd. and Ors. 2012 WLC (Raj.) UC 83 to contend that the civil suit in relation to the enrolled property involved in question of right/interest as well as possession, which can be adjudicated by the civil court. (Downloaded on 23/03/2022 at 08:53:02 PM)

                                                              (2 of 2)                                  [CSA-282/2019]



                                           Heard.

                                           Admit.

                                           Issue notice to the respondent.

Record of courts below be summoned. In the meanwhile, and till further orders, both parties are directed to maintain status quo as to alienation and possession of the property in question.

(SUDESH BANSAL),J TN/21 (Downloaded on 23/03/2022 at 08:53:02 PM) Powered by TCPDF (www.tcpdf.org)