Ramsharan Modi S/O Ramdas Modi vs Rambhagat Modi S/O Late Shjri ...
2021 Latest Caselaw 7658 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

              S.B. Civil Writ Petition No.14407/2021

Ramsharan Modi S/o Ramdas Modi, Aged About 59 Years, R/o
Modak Station Presently R/o 17-18B, Talwandi, Kota, Tehsil
Ladpura, Kota (Rajasthan)
                                                                   ----Petitioner
                                   Versus
1.     Rambhagat Modi S/o Late Shjri Ramdas Ji Modi, Aged
       About 67 Years, R/o Dhaba Deh Tehsil Ramganj Mandi
       District Kota.
2.     Ashok, aged 34 years, S/o Baldev Singh
3.     Subhash, aged 37 years, S/o Baldev Singh
4.     Ummed Bai, aged 58 years, W/o Baldev Singh,
       2 to 4 all R/o Satalkhedi Hal, Gram Rijhani Tehsil Malsisar
       District Jhunjhunu.
       Through Power Of Attorney Radhey Shyam Aged 52 Years
       S/o Bherulal R/o Julmi Tehsil Ramganj Mandi District Kota
       (Rajasthan) - 326519.
5.     Sunil Sharma Deed Writer, R/o Ramganj Mandi Tehsil
       Ramganj Mandi, District Kota (Rajasthan) - 326517.
6.     Arshad Khan aged 42 years, Aa. Mohd. Hakim, R/o Modak
       Station, Tehsil Ramganj Mandi, District Kota (Rajasthan) -
       326529
7.     Jagdish Aa. Ramnarayan, aged 44 years, R/o Kherabad
       R/o Tehsil Ramganj Mandi, District Kota (Rajasthan) -
       326529
8.     Anil Kumar Jain, Notary, Rajasthan High Court, District
       Jaipur, R/o 6/412, Malviya Nagar, Jaipur.
9.     Natthu Singh Aa. Ramkumar, R/o Marigsar Post Bhimsar
       District Jhunjhunu (Rajasthan).
10.    Virendra Singh, aged 50 years, S/o Kurdaram, R/o 1/47,
       Basant Vihar, Jhunjhunu District Jhunjhunu (Rajasthan)

                                                                ----Respondents

For Petitioner(s) : Mr.Sanjay Mehrish, Adv.

(2 of 2) [CW-14407/2021]

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

15/12/2021

Learned counsel for the petitioner submitted that the

petitioner-plaintiff filed a suit for cancellation of sale deed on

19.12.2018.

Learned counsel submitted that the impugned order

dated 23.10.2021 has been passed by the Court below on a wrong

interpretation of Section 24(b) of Rajasthan Court Fees and Suits

Valuation Act, 1961.

Learned counsel submitted that the Apex Court in the

case of Satheedevi Vs. Prasanna & Anr. reported in 2010 DNJ

(SC) 451 has interpreted that the value of property is to be

considered in respect of value which is assigned in the document

and not at the market value.

Learned counsel further places reliance on a judgment

passed by Principal Seat at Jodhpur in the case of Om Prakash &

Ors. Vs. Mohan Singh reported in (2013)2 WLN 450 and in the

case of Imortal Infrastructure Private Limited Vs. Lookwell

Life Space Pvt. Limited reported in (2012)3 WLC 142.

Issue notice of the writ petition as well as stay

application confined to the respondent No.1, returnable on

20.01.2022. Notices be given 'dasti', if prayed.

In the meanwhile, effect and operation of impugned

order dated 23.10.2021 shall remain stayed.

(ASHOK KUMAR GAUR), J

Himanshu Soni/24

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