Smt. Bina Ashvin Pandya D/O Late ... vs Dr. Jugal Kishor Kabra S/O Shri ...
2022 Latest Caselaw 4074 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 6667/2022

Smt. Bina Ashvin Pandya D/o Late Shri Dinesh Shantilal Pandya
W/o Ashvin Pandya
                                                                   ----Petitioner
                                   Versus
Dr. Jugal Kishor Kabra S/o Shri Hanuman Prasad & Ors.
                                                                ----Respondents

For Petitioner(s) : Mr. Mahendra Singh with Mr. Vinay Patni For Respondent(s) :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

24/05/2022

Learned counsel for the petitioner submits that she has been

required to pay Court fees vide order impugned dated 21.04.2022

treating the suit for cancellation of sale deeds dated 10.08.2021 &

17.09.2021 ad valorem without appreciating that being stranger

to the sale deeds, she has sought relief of declaration that the

subject sale deeds are null and void against her rights and she

was not required to pay Court fees on their market value. He, in

support of his submissions, relies upon a judgment of the Hon'ble

Apex Court of India in case of Suhrid Singh @ Sardool Singh

versus Randhir Singh & Ors.: AIR 2010 SCC 2807.

Issue notice of the writ petition as well as of the stay

application confined to the respondents No.1 to 3. Rule is made

returnable by five weeks. Notices be filed in two sets. One set of

notices be sent through registered post with acknowledgment due.

(2 of 2) [CW-6667/2022]

Steps to be taken within a week. Notices may also be given

"Dasti".

Heard learned counsel on interim relief.

Taking into consideration the contentions advanced by him

and the material on record, this Court deems it just and proper to

stay the operation and effect of the order dated 21.04.2022 to the

extent that application filed by the defendants No. 9 to 11 under

Section 11 of the Rajasthan Court Fees and Suits Valuation Act,

1961, has been allowed.

(MAHENDAR KUMAR GOYAL),J

Manish/152

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