Kavita Agarwal W/O Sitaram ... vs Geeta Meena
2022 Latest Caselaw 2429 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Second Appeal No. 282/2019

Kavita Agarwal W/o Sitaram Agarwal
                                                                  ----Appellant
                                   Versus
Geeta Meena
                                                                ----Respondent

For Appellant(s) : Mr. Nikhil Simlote & Mr. Salim Khangori for Mr. R.B. Mathur, Sr. Advocate For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

21/03/2022

Learned counsel for appellant submits that his civil suit for

permanent injunction in relation to plot in question has been

rejected on an application under Order 7 Rule 11 CPC with the

observation that subject matter of dispute can be adjudicated by

the Registrar Cooperative Society under Section 50 of the

Rajasthan Cooperative Society Act, 2001.

Learned counsel for appellant placed reliance upon the

judgments in the case of Harsh Vardhan Kejriwal Vs. Madhav

Nagar Grah Nirman Sahkari Samiti Ltd. Ors. 2007 (2) WLC

730 and Anant Shri Sukhramji Trust Ramdham, Birai Vs.

Shri Balaji Grah Nirman Sahkari Samiti Ltd. and Ors. 2012

WLC (Raj.) UC 83 to contend that the civil suit in relation to the

enrolled property involved in question of right/interest as well as

possession, which can be adjudicated by the civil court.

                                                              (2 of 2)                                  [CSA-282/2019]



                                           Heard.

                                           Admit.

                                           Issue notice to the respondent.

Record of courts below be summoned.

In the meanwhile, and till further orders, both parties are

directed to maintain status quo as to alienation and possession of

the property in question.

(SUDESH BANSAL),J

TN/21

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