Sunita Chhabra vs Virendra Singh
2021 Latest Caselaw 13189 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Revision Petition No. 48/2021

Sunita Chhabra W/o Keval Krishna Arora, Aged About 52 Years, Ward No. 8, Anupgarh, Tehsil Anupgarh, District Sriganganagar

----Petitioner Versus

1. Virendra Singh S/o Dalpat Singh Rajput, Deep Pura House, Behind Tripati Apartments, Bangla Nagar, Gajner Road, Bikaner

2. Rajesh Kanwar W/o Dalpat Singh Rajput, Deep Pura House, Behind Tripati Apartments, Bangla Nagar, Gajner Road, Bikaner

3. Arvind Singh S/o Dalpat Singh Rajput, Khasa Kothi, Jaipur, Office Address- Near Ajmer Pulia, Jaipur

4. Sub-Registrar, Anupgarh, District Sriganganagar

5. Tehsildar Revenue, Anupgarh, District Sriganganagar

6. District Collector, Sriganganagar

----Respondents

For Petitioner(s) : Mr. A. K. Babel.

For Respondent(s) :

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

27/08/2021

It is submitted by learned counsel for the petitioner that the

petitioner relying on judgment in Mohd. Noor & Ors. v. Mohd.

Ibrahim & Ors.: 1994 DNJ (SC) 317, had claimed that suit based

on right of pre-emption was not maintainable, however, the trial

court without looking into the said legal aspect of the matter, by

simply observing that whether the provisions would apply or not,

would be decided once the parties led evidence, rejected the

application, which is not justified.

(2 of 2) [CR-48/2021]

In view of the submissions made, issue notice. Issue notice

of the stay application also, returnable within a period of 6 weeks.

Notices when issued be given 'dasti' to the learned counsel

for the appellant.

In the meanwhile and until further orders, further

proceedings, in Civil Original Suit No. 5/2021 pending before the

court of Additional District Judge No.1, Anupgarh, District -

Sriganganagar, shall remain stayed.

(ARUN BHANSALI),J 17-Sachin/-

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