Tara Chand Son Of Shri Bahgwati ... vs Babu Lal Soni Son Of Late Shri Kaila ...
2021 Latest Caselaw 5584 Raj/2

     HIGH COURT OF JUDICATURE FOR RAJASTHAN
                 BENCH AT JAIPUR

        (1) S.B. Civil Writ Petition No. 5322/2020

1.    Vishambhar Dayal S/o Shri Ramswaroop Goyal, B/c
      Mahajan, Resident Of Devi Store Choraha, Gangapur City,
      District Sawai Mahdopur (Rajasthan)
2.    Ramavtar   Gupta       S/o     Shri     Ramswaroop          Goyal,   B/c
      Mahajan, R/o Udai Moad, Near Upkar Hotel, Gangapur
      City, District Sawai Madhopur (Rajasthan)
                                                               ----Petitioners
                                Versus
1.    Umrav Devi W/o Bajrang Lal, B/c Mahajan, Resident Of
      Gangapur   City,    Through         Power       Of     Attorney   Holder
      Manmohan Agarwal S/o Shri Bajrang Lal, B/c Agrawal,
      Resident Of Gangapur City, District Sawai Madhopur Since
      Deceased Through Her Legal Representatives
2.    Jagdish Prasad S/o Bajrang Lal, B/c Mahajan, Resident Of
      Gangapur City, District Sawai Madhopur (Rajasthan)
3.    Manmohan S/o Bajrang Lal, B/c Mahajan, Resident Of
      Gangapur City, District Sawai Madhopur (Rajasthan)
4.    Jitendra S/o Bajrang Lal, B/c Mahajan, Resident Of
      Gangapur City, District Sawai Madhopur (Rajasthan)
                                                             ----Respondents

Connected With (2) S.B. Civil Writ Petition No. 11498/2019 Krishan Murari Koolwal S/o Shri Suraj Mal Koolwal, Aged About 62 Years, By Caste Mahajan, Shop Of Shoes And Sleepers, Koolwal Brothers, Khari Bazar, Gangapur City, District Sawai Madhopur (Rajasthan).

----Petitioner Versus

1. Chothi Lal Agrawal (Bamanosya) S/o Shri Mishri Lal, By Caste Mahajan, R/o Khari Bazar, Gangapur City, District Sawai Madhopur (Rajasthan) (Since Deceased) Through His Legal Representative -

2. Lalita Devi D/o Late Shri Chothi Lal Agrawal, W/o Hukam Chand, Aged About 60 Years, R/o Khari Bazar, Gangapur City, District Sawai Madhopur (Rajasthan).

                                           (2 of 5)                  [CW-5322/2020]


                                                                 ----Respondents

(3) S.B. Civil Writ Petition No. 10728/2019 Abdul Majid Son Of Ajijurrehman, Aged About 82 Years, By Caste Musalman, Resident Of Islampura, Gangapur City, District Sawai Madhopur, Shop In Main Bazar, (Krishna Murari Ki Kulwal Brothers Ke Bagal Wali Dukan) Khari Bazar, Gangapur City, District Sawai Madhopur, Rajasthan.

----Petitioner Versus Chauthi Lal Agarwal (Since Deceased), Through Lalita Devi Daughter Of Late Chauthi Lal Wife Of Hukam Chand, By Caste Mahajan, Resident Of Khari Bazar, Gangapur City, District Sawai Madhopur.

----Respondent (4) S.B. Civil Writ Petition No. 13371/2019 Mahendra Kumar Garg S/o Sh. Ramswaroop Gupta, Aged About 47 Years, By Caste Agarwal Mahajan, R/o Nearby Balaji Chowk, Hanumanji, Gangapur City, Distt. Sawai Madhopur (Raj.) C/o Mahendra Medical Store, Kachhari Road, Gangapur City.

----Petitioner Versus

1. Dinesh Chand Garg S/o Sh. Bali Ram Garg, Aged About 38 Years, By Caste Mahajan, R/o Kachhari Road, Gangapur City, Distt. Sawai Madhopur (Raj.)

2. Omprakash Garg S/o Sh. Bali Ram Garg, Aged About 29 Years, By Caste Mahajan, R/o Kachhari Road, Gangapur City, Distt. Sawai Madhopur (Raj.)

3. Smt. Vidha Devi W/o Late Sh. Bali Ram Garg, By Caste Mahajan, R/o Kachhari Road, Gangapur City, Distt. Sawai Madhopur (Raj.)

----Respondents (5) S.B. Civil Writ Petition No. 5921/2020

1. Meetha Lal Son Of Kirori Lal, Owner Firm M/s Ashok Kumar Narottam Lal Mahajan, Naya Bazar, Gangapur City, District Sawai Madhopur Since Deceased Through His Legal Representative-

2. Ashok Kumar Son Of Meetha Lal, Resident Of Gangapur City, District Sawai Madhopur (Rajasthan)

(3 of 5) [CW-5322/2020]

----Petitioners Versus

1. Umrav Devi Wife Of Bajrang Lal, Resident Of Gangapur City, Through Power Of Attorney Holder Manmohan Agrawal Son Of Shri Bajrang Lal, Resident Of Gangapur City, District Sawai Madhopur Since Deceased Through Her Legal Representatives-

2. Jagdish Prasad Son Of Bajrang Lal, Resident Of Gangapur City, District Sawai Madhopur (Rajasthan)

3. Manmohan Son Of Bajrang Lal, Resident Of Gangapur City, District Sawai Madhopur (Rajasthan)

4. Jitendra Son Of Bajrang Lal, Resident Of Gangapur City, District Sawai Madhopur (Rajasthan)

----Respondents (6) S.B. Civil Writ Petition No. 4587/2021 Tara Chand Son Of Shri Bahgwati Prasad, Aged About 44 Years, Resident Of Chopar, Sarafa Bazar, Gangapur City, District Sawai Madhopur.

----Petitioner Versus Babu Lal Soni Son Of Late Shri Kaila Sahay, Resident Of Gangapur City, District Sawai Madhopur.

----Respondent

Mr. Rajneesh Gupta Mr. Mahesh Gupta Mr. DK Dixit Mr. LL Gupta Mr. DK Dixit, For their respective parties.

JUSTICE DINESH MEHTA

Judgment

05/10/2021

1. Learned counsel appearing for the respondent/s has pointed

out that in a similar matter this Court had passed a similar interim

order in Abdul Majid Vs. Chauthi Lal in SBCWP No.10728/2019 on

(4 of 5) [CW-5322/2020]

04.07.2019. The said order has been assailed in Chauthi Lal

Agarwal (since deceased) Vs. Abdul Majid in SLP No.15676/2021

before the Apex Court and the Apex Court vide order dated

10.08.2021 passed following order:-

"Delay Condoned.

Applications seeking exemption from filing official translation and certified copy of the impugned order are allowed.

Issue notice.

Until further orders, there shall be stay of operation of the impugned interim orders of the High Court.

Tag with SLP(C) No.1551/2018."

2. Learned counsel for the respondent/s submits that keeping in

view the order passed by the Supreme Court, the interim order

passed by this Court does not deserve to be extended.

3. This Court finds that the original judgment passed by this

Court in K. Ramnarayan Vs. Shri Pukhraj in DB Civil Ref

No.1/2015 holding that the cases under the TP Act cannot be

allowed to continue has been stayed by the Supreme Court in

Pukhraj Vs. K. Ramnarayan in SLP No.1551/2018.

4. In view of the stay passed by the Supreme Court, the trial

Court would continue to have jurisdiction to decide the case under

the Transfer of Property Act as it existed and the new Rent Control

Act would have no application as the view taken by this Court has

already been stayed by the Supreme Court.

5. In view thereof, the interim orders passed by this Court in

writ petition earlier cannot be followed, keeping in view the

subsequent order passed by the Supreme Court on 10.08.2021 in

SLP No.15676/2021 as quoted above.

(5 of 5) [CW-5322/2020]

6. In view thereof, the interim orders passed by this Court is

vacated.

7. Learned counsel for the petitioner/s submits that nothing

further remains in the writ petitions. In view of the above, the writ

petitions stand dismissed.

8. All pending applications including stay application also stand

disposed of.

(DINESH MEHTA),J

C P GOYAL /269-274

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