Kamlesh Vyas vs Aditya (Minor)
2021 Latest Caselaw 907 Raj

(1 of 2) [CR-64/2020]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Revision Petition No. 64/2020

1. Kamlesh Vyas S/o Late Shri Satyanarayan Vyas, Aged About 42 Years, R/o C-144, R.k. Colony, Bhilwara (Raj.)

2. Smt. Pushpa W/o Late Shri Satya Narayan Vyas, Aged About 68 Years, R/o C-144, R.k. Colony, Bhilwara (Raj.)

3. Smt. Nilam Vyas D/o Late Shri Satya Narayan Vyas, Aged About 40 Years, W/o Shri Kuldeep Joshi, R/o Devli, District Tonk (Raj.) Presently R/o C-144, R.k. Colony, Bhilwara (Raj.)

----Petitioners Versus

1. Aditya (Minor) S/o Shri Kamlesh Vyas, Minor Through Mother Natural Guardian Smt. Reeta W/o Shri Kamlesh Vyas, R/o C-144, R.k. Colony, Bhilwara (Raj.) Presently R/ o Ayodhya Villa, Near Om Tower, Charch Road, Bhilwara (Raj.)

2. Ms. Palak D/o Shri Kamlesh Vyas, (Minor) Minor Through Mother Natural Guardian Smt. Reeta W/o Shri Kamlesh Vyas, R/o C-144, R.k. Colony, Bhilwara (Raj.) Presently R/ o Ayodhya Villa, Near Om Tower, Charch Road, Bhilwara (Raj.)

3. Smt. Sudha D/o Late Shri Satya Narayan Vyas, W/o Dilip Upadhyay, R/o Upadhyayon Ka Mohallan, Kapasan District Chittorgarh (Raj.)

----Respondents

For Petitioner(s) : Mr. Usman Gani.

For Respondent(s) :

HON'BLE MR. JUSTICE ARUN BHANSALI Order 13/01/2021

Learned counsel for the petitioner submitted that it is the

case pleaded in the plaint that the suit property was acquired by

Satya Narayan and as the petitioner is the Son of deceased -

Satya Narayan and still around, the plaintiffs who are his children,

have no right in the property of the deceased.

Reliance have been placed on the judgment in the case of

Commissioner of Wealth Tax. Kanpur v. Chander Sen: AIR 1986

SC 1753.

(2 of 2) [CR-64/2020]

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

of the stay application also, returnable within a period of six

weeks.

In the meanwhile and until further orders, further

proceedings in Civil Original Suit No.26/2017 pending before the

court of Additional District Judge No.1, Bhilwara, shall remain

stayed.

(ARUN BHANSALI),J 3-pradeep/-

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