Bajrang Lal S/O Sh. Kalyan Baksh ... vs Smt. Dropadi Devi W/O Sh. Ghasi Lal ...
2021 Latest Caselaw 5599 Raj/2

     HIGH COURT OF JUDICATURE FOR RAJASTHAN

                       BENCH AT JAIPUR



        (1) S.B. Civil Writ Petition No. 13719/2019

Mahendra Kumar Garg S/o Sh. Ramswaroop Gupta, Aged About
47 Years, B/c 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, B/c Mahajan, R/o Kachhari Road, Gangapur
      City, Distt. Sawai Madhopur (Raj.)
2.    Omprakash Garg S/o Sh. Bali Ram Garg, Aged About 29
      Years, B/c Mahajan, R/o Kachhari Road, Gangapur City,
      Distt. Sawai Madhopur (Raj.)
3.    Smt. Vidha Devi W/o Late Sh. Bali Ram Garg, B/c
      Mahajan, R/o Kachhari Road, Gangapur City, Distt. Sawai
      Madhopur (Raj.)
4.    Damodar Lal Garg S/o Sh. Ramswaroop Gupta, B/c
      Agarwal Mahajan, R/o Nearby Balaji Chok, Hanumanji,
      Gangapur City, Distt. Sawai Madhopur (Raj.)
                                                              ----Respondents

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(2) S.B. Civil Writ Petition No. 4495/2020

Tanaji Maratha Son Of Shir Vitthal Kulkarni, Aged About 75 Years, By Caste Maratha, Resident Of Ghee Wali Gali, Gangapur City, District Sawai Madhopur.

----Petitioner Versus Dwarka Prasad Son Of Shri Ram Kalyan Gupta, By Caste Mahajan Agarwal, Resident Of Ghee Wali Gali, Gangapur City, District Sawai Madhopur.

                                                              ----Respondent





                                           (2 of 4)                    [CW-13719/2019]

(3) S.B. Civil Writ Petition No. 7289/2019

1. Bajrang Lal S/o Sh. Kalyan Baksh Saharwale, Aged About 61 Years, By Caste Mahajan Agarwal, R/o Gangapur City, Proprietor Of M/s B.m. Readymade Centre, Khari Bazar, Gangapur City, Distt. Sawai Madhopur (Raj.)

2. M/s B.m. Readymade Centre, Khari Bazar, Gangapur City, Distt. Sawai Madhopur Through Its Proprietor Bajrang Lal S/o Sh. Kalyan Baksh Saharwale, By Caste Mahajan Agarwal, Aged About 61 Years, R/o Gangapur City (Raj.)

----Petitioners Versus Smt. Dropadi Devi W/o Sh. Ghasi Lal Ameriya, Aged About 71 Years, By Caste Mahajan Khandelwal, R/o Gangapur City, Dist. Sawai Madhopur.

                                                                    ----Respondent


For Petitioner(s)           :    Mr. DK Dixit
                                 Mr. LL Gupta
For Respondent(s)           :    Mr. Rajneesh Gupta



                      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

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.

(3 of 4) [CW-13719/2019]

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.

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.

(4 of 4) [CW-13719/2019]

8. All pending applications including stay application also stand

disposed of.

(DINESH MEHTA),J

C P GOYAL /C-1,2&3

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