Subhash vs Babu Lal
2022 Latest Caselaw 8911 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8510/2022

1. Subhash S/o Shri Babu Lal, Aged About 30 Years.

2. Archana W/o Subhash, Aged About 28 Years.

Both are Residents Of 4/34, Shankar Colony, Ward No. 31, Sriganganagar (Raj.).

----Petitioners Versus

1. Babu Lal S/o Shri Laxman Ram, Aged About 63 Years.

2. Krishna Devi W/o Shri Babu Lal, Aged About 62 Years.

Both are Residents Of 4/34, Shankar Colony, Ward No. 31, Sriganganagar (Raj.).

----Respondents

For Petitioner(s) : Mr. Himmat Jagga.

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

07/07/2022

Heard learned counsel for the petitioners.

Learned counsel for the petitioners submits that vide order

impugned dated 11.05.2022, the petitioners have been directed to

be evicted from the house of the respondents. He further submits

that such direction cannot be given by the Sub Divisional

Magistrate, Sri Ganganagar in the light of judgment of this court

passed in the case of Vinod Sharma V/s Shanti Devi (Smt.) &

Ors. reported in 2022 (1) DNJ {(Raj.} 369.

Issue notice. Issue notice of the stay application also,

returnable on 27.07.2022. The notices be given 'dasti' to learned

counsel for the petitioners.

(2 of 2) [CW-8510/2022]

In the meanwhile and till the next date of hearing, effect and

operation of the order dated 11.05.2022 passed by Sub Divisional

Magistrate, Sri Ganganagar shall remain stayed subject to the

condition that the petitioners pay a sum of Rs.3000/-(Rupees

Three Thousands Only) every month as maintenance allowance to

the respondent No.2- mother.

(VINIT KUMAR MATHUR),J 42-Anil Singh/-

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