Rajasthan High Court
Rajender Son Of Shri Sitaram vs Sitaram Son Of Shri Ram Sahay on 28 August, 2023
Bench: Narendra Singh Dhaddha
[2023:RJ-JP:19413]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 2326/2013
1. Rajender Son Of Shri Sitaram, Aged About 21 Years, R/o
Village Govindpura, Tehsil Amer, District Jaipur
(Rajasthan)
2. Suresh Son Of Shri Sitaram, Aged About 14 Years, Minor
Through Natural Guardian Mother Smt Manbhari Devi,
Wife Of Shri Sitaram R/o Village Govindpura, Tehsil Amer,
District Jaipur (Rajasthan)
3. Mukesh Son Of Shri Sitaram, Aged About 10 Years, Minor
Through Natural Guardian Mother Smt Manbhari Devi,
Wife Of Shri Sitaram R/o Village Govindpura, Tehsil Amer,
District Jaipur (Rajasthan)
4. Smt Manbhari Devi Wife Of Shri Sitaram, R/o Village
Govindpura, Tehsil Amer, District Jaipur (Rajasthan)
----Appellants
Versus
1. Sitaram Son Of Shri Ram Sahay, R/o Village Govindpura,
Tehsil Amer, District Jaipur.
2. Jitender Son Of Shri Sitaram, R/o Village Govindpura,
Tehsil Amer, District Jaipur.
3. Chothi Devi Widow Of Shri Ram Sahay, R/o Village
Govindpura, Tehsil Amer, District Jaipur.
4. Radhey Shyam Son Of Shri Ram Sahay, R/o Village
Govindpura, Tehsil Amer, District Jaipur. (Died During
Suit) Through Lrs.
4/1. Hemant Son Of Late Shri Radhey Shyam, Aged About 14
Years, Minor Thorugh Natural Guardian Mother Smt Manju
Devi, Wife Of Late Shri Radhey Shyam. R/o Village
Govindpura, Tehsil Amer, District Jaipur.
4/2. Rahul Son Of Late Shri Radhey Shyam, Aged About 12
Years, Minor Thorugh Natural Guardian Mother Smt Manju
Devi, Wife Of Late Shri Radhey Shyam. R/o Village
Govindpura, Tehsil Amer, District Jaipur.
4/3. Kumari Hemlata D/o Late Shri Radhey Shyam, Aged
About 10 Years, Minor Thorugh Natural Guardian Mother
Smt Manju Devi, Wife Of Late Shri Radhey Shyam. R/o
Village Govindpura, Tehsil Amer, District Jaipur.
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[2023:RJ-JP:19413] (2 of 3) [CMA-2326/2013]
4/4. Sarita D/o Late Shri Radhey Shyam W/o Shri Vijay, Minor
Thorugh Natural Guardian Mother Smt Manju Devi, Wife
Of Late Shri Radhey Shyam. R/o Village Govindpura,
Tehsil Amer, District Jaipur.
5. Smt Munj Devi Wife Of Late Shri Radhey Shyam, R/o
Village Govindpura, Tehsil Amer, District Jaipur.
6. Smt Sheela Devi Wife Of Shri Shashi Mohan Sharma,
Resident Of Indra Colony, Banipark, Jaipur.
7. Govt Of Rajasthan, Through District Collector, Collectorate
Building, Banipark, Jaipur.
8. Tehsildar, Land Records, Tehsil Amer, District Jaipur.
9. Sub-Registrar, Office Of Sub-Registrar, Tehsil Amer
,district Jaipur.
----Respondents
For Appellant(s) : Mr. Mohd. Adil, Adv.
For Respondent(s) : None Present
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
Date Of Judgment 28/08/2023
The instant appeal has been filed by the appellants-plaintiffs-
applicants (for short 'the applicants') against the order dated
27.05.2013 passed by the Additional District Judge No.3, Jaipur
District Jaipur (for short 'the trial court'), whereby the trial court
has dismissed the temporary injunction application filed by the
applicants.
Learned counsel for the applicants submits that the trial
court has wrongly dismissed the temporary injunction application
filed by the applicants. Learned counsel for the applicants further
submits that the applicants had filed a suit for cancellation
/declaration of registered sale deed dated 11.08.2006,
[2023:RJ-JP:19413] (3 of 3) [CMA-2326/2013]
corrigendum dated 08.09.2006 as null and void and permanent
injunction against the non-applicants. Learned counsel for the
applicants also submits that Sita Ram father of the applicants
Nos.1 to 3 and husband of applicant No.4 was of unsound mind
and non-applicant No.6-Smt. Sheela Sharma and her husband had
malafidely got the sale deed registered in their favour. So, order of
the trial court be set-aside and non-applicants be restrained to
alienate the property in question till disposal of the suit.
I have considered the arguments advanced by learned
counsel for the applicants and perused the impugned order dated
27.05.2013.
The trail Court while rejecting the temporary injunction
application clearly mentioned that the non-applicant No.6 had
purchased the disputed property by way of registered sale deed
and she had given the sale consideration for it. The trial Court in
its order also mentioned that the applicant had not sought any
relief regarding the sale executed in favour of non-applicant No.4.
So, in my considered opinion, the trial court has not committed
any error in dismissed the temporary injunction application filed
by the applicants. So, the present appeal being devoid of merit, is
liable to be dismissed which stands dismissed accordingly.
(NARENDRA SINGH DHADDHA),J
Gourav/49
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