Rajasthan High Court
Bhupendra Sinha S/O Late Shri ... vs Lt. Col. Dhirendra Sinha S/O Late ... on 28 January, 2021
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 617/2021
Bhupendra Sinha S/o Late Shri Bahuran Sinha, Aged About 84
Years, R/o C-18, Baldev Niwas, Sawai Jai Singh Highway,bani
Park, Jaipur
----Petitioner
Versus
1. Lt. Col. Dhirendra Sinha S/o Late Shri Virendra Sinha,
Aged About 48 Years, R/o C-18, Baldev Niwas, Sawai Jai
Singh Highway, Bani Park, Jaipur
2. Monisha W/o Dr Tc Pathak D/o Late Shri Inderjeet Sinha,
R/o Plot No.1, Inderlok Enclave, Sumer Nagar Extension,
New Sanganer Road, Jaipur
3. Vinita D/o Late Shri Inderjeet Sinha, R/o Plot No.1,
Inderlok Enclave, Sumer Nagar Extension, New Sanganer
Road, Jaipur
4. Indra D/o Late Shri Inderjeet Sinha, R/o Plot No.1,
Inderlok Enclave, Sumer Nagar Extension, New Sanganer
Road, Jaipur
5. Sunita D/o Late Shri Inderjeet Sinha, R/o Plot No.1,
Inderlok Enclave, Sumer Nagar Extension, New Sanganer
Road, Jaipur
6. M/s Chandana Realtors Pvt Ltd, Through Director
Rambabu Kasana Office Address 49B, Lakshmi Nagar,
Tonk Road, Jaipur R/o 23, Gurjaron Ka Moholla,
Naasnauda, Tehsil Dudu, District Jaipur
----Respondents
For Petitioner(s) : Mr.Ajatshatru Mina
For Respondent(s) : Mr.Anurag Kalavatiya - for respondent
No.6
(2 of 3) [CW-617/2021]
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
28/01/2021
Learned counsel Mr.Anurag Kalavatiya is appearing as
caveator on behalf of proforma respondent No.6 and copy of the
petition has been supplied to him.
Learned counsel Mr.Anurag Kalavatiya is directed to seek
instructions for appearing on behalf of proforma respondent Nos.2
to 5.
Learned counsel for the petitioner submitted that the
petitioner-plaintiff had filed a suit for cancellation of sale deed
dated 22nd May, 2013 against five defendants.
Learned counsel submitted that during pendency of the suit,
the petitioner had entered into a compromise with the defendants-
respondents and as such, he moved an application for withdrawal
of the suit.
Learned counsel submitted that on the same day, an
application under Order 1 Rule 10 CPC was filed by the respondent
No.1 - Lt. Col. Dhirendra Sinha. The Court below, by the impugned
order dated 29th August, 2019, has allowed the application of
impleadment, filed by the respondent No.1 - Lt. Col. Dhirendra
Sinha and the suit is allowed to be further continued.
Learned counsel further submitted that on an application,
filed by the petitioner for withdrawal of suit, no order has been
passed.
Learned counsel for the petitioner places reliance on the
judgment passed by the Apex Court in the case of Anil Kumar
Singh Vs. Vijay Pal Singh & Ors. (Civil Appeal
No.20007/2017), decided on 30th November, 2017.
(3 of 3) [CW-617/2021]
Issue notice of the petition as well as stay application to the
respondent No.1 - Lt. Col. Dhirendra Sinha, returnable on 25 th
February, 2021. Notices be given 'dasti', if prayed.
In the meanwhile, the Court of Additional Civil Judge and
Judicial Magistrate (West), Jaipur City Jaipur is restrained to
proceed further in the Civil Suit No.215/2016.
(ASHOK KUMAR GAUR),J
Preeti Asopa /Sakshi/45
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