Citation : 2022 Latest Caselaw 5928 Raj/2
Judgement Date : 26 August, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1145/2021
1. Usha Widow Ghanshyam, Aged About 55 Years, Resident
Of Village Barodamev, Tehsil Laxmangarh, District Alwar
(Rajasthan).
2. Amit Son Of Late Shri Ghanshyam, Aged About 30 Years,
Resident Of Village Barodamev, Tehsil Laxmangarh,
District Alwar (Rajasthan).
3. Ankit Son Of Late Shri Ghanshyam, Aged About 18 Years,
Resident Of Village Barodamev, Tehsil Laxmangarh,
District Alwar (Rajasthan).
----Petitioners/Appellant/Defendant
Versus
1. Pappi Devi Widow Of Late Shri Pratap Singh, Resident Of
Barodamev, Tehsil Laxmangarh, District Alwar
(Rajasthan).
2. Mukesh Son Of Late Shri Pratap Singh, Resident Of
Barodamev, Tehsil Laxmangarh, District Alwar
(Rajasthan).
3. Bhagwan Son Of Late Shri Pratap Singh, Resident Of
Barodamev, Tehsil Laxmangarh, District Alwar
(Rajasthan).
4. Jagdish Son Of Late Shri Pratap Singh, Resident Of
Barodamev, Tehsil Laxmangarh, District Alwar
(Rajasthan).
5. Mahesh Son Of Late Shri Pratap Singh, Resident Of
Barodamev, Tehsil Laxmangarh, District Alwar
(Rajasthan).
6. Miss Priyanka Daughter Of Late Shri Pratap Singh,
Resident Of Barodamev, Tehsil Laxmangarh, District Alwar
(Rajasthan).
7. Devendra Son Of Late Shri Pratap Singh, Resident Of
Barodamev, Tehsil Laxmangarh, District Alwar
(Rajasthan).
----Respondents/Plaintiffs
For Petitioner(s) : Mr. Aatish Jain
(2 of 2) [CW-1145/2021]
For Respondent(s) : Mr. Girish Khandelwal
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order
26/08/2022
Although, the matter comes up on an application (1/2022)
filed by the respondents seeking vacation of ex-parte interim
order dated 16.02.2021; but, on the joint request of the learned
counsels for the respective parties, the writ petition was heard on
merit itself.
This writ petition, which has been filed assailing the legality
and validity of the order dated 15.09.2020 passed by the learned
Additional District Judge, Laxmangarh (Alwar), is being disposed
of in following terms as agreed and requested by the learned
counsels for the respective parties:
(i) The order dated 15.09.2020 is quashed and set
aside.
(ii) The execution of the judgment and decree dated
05.08.2020 passed by the Court of learned Senior
Civil Judge, Laxmangarh (Alwar) in Civil Suit
No.42/2016 (CIS No.403/2016) shall remain stayed
till disposal of the civil first appeal pending
thereagainst.
(iii) The learned Appellate Court is requested to
expedite hearing and disposal of the civil first appeal
against the judgment and decree dated 05.08.2020.
The pending application also stands disposed of accordingly.
(MAHENDAR KUMAR GOYAL),J
Sudha/24
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