Rajasthan High Court - Jodhpur

Amanullah Siddiqui vs Sayed Mansur Ali (2025:Rj-Jd:3229) on 17 January, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:3229]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                    S.B. Civil Writ Petition No. 324/2025

1.       Amanullah Siddiqui S/o Shri Habibullah Siddiqui, Aged
         About 68 Years, Resident Of Kuchaman Road, Deedwana,
         Tehsil And District Deedwana-Kuchaman (Raj.).
2.       Khalida Begam W/o Shri Amanullah Siddiqui, Aged About
         63 Years, Resident Of Kuchaman Road, Deedwana, Tehsil
         And District Deedwana-Kuchaman (Raj.).
3.       Barkatullah Siddiqui S/o Shri Amanullah Siddiqui, Aged
         About 33 Years, Resident Of Kuchaman Road, Deedwana,
         Tehsil And District Deedwana-Kuchaman (Raj.).
4.       Javed Siddiqui S/o Shri Amanullah Siddiqui, Aged About
         41 Years, Resident Of Kuchaman Road, Deedwana, Tehsil
         And District Deedwana-Kuchaman (Raj.).
5.       Najmeen Siddiqui W/o Shri Barkatullah Siddiqui, Aged
         About 31 Years, Resident Of Kuchaman Road, Deedwana,
         Tehsil And District Deedwana-Kuchaman (Raj.).
                                                                        ----Petitioners

                                       Versus
1.       Sayed Mansur Ali S/o Shri Sayed Raseed, R/o Mohallah
         Sayedan Deedwana, Police Station Deedwana, District
         Deedwana-Kuchaman.
2.       The Municipal Council, Deedwana, District Deedwana-
         Kuchaman, Through.
2/1.     Mayor, Municipal Council, Deedwana District Deedwana-
         Kuchaman.
2/2.     Commissioner,         Municipal        Council,        Deedwana       District
         Deedwana-Kuchaman.
3.       Director, Local Bodies And Self Government Department,
         Jaipur (Raj.).
4.       Deputy      Director      (Regional),         Local        Bodies   And   Self
         Government Department, Jaipur (Raj.).
5.       District Collector, Deedwana-Kuchaman.
6.       Deputy Registrar, Sub-Registrar Office, Deedwana, District
         Deedwana-Kuchaman.
7.       Sayed Toseef Ali S/o Shri Ausaf Ali, R/o Mohallah Sayedan
         Deedwana, Tehsil And District Deedwana- Kuchaman
         (Raj.).


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8.       Sayed Asvak Ali S/o Shri Ausaf Ali, R/o Mohallah Sayedan
         Deedwana, Tehsil And District Deedwana- Kuchaman
         (Raj.).
9.       Sayed Altaf Ali S/o Shri Ausaf Ali, R/o Mohallah Sayedan
         Deedwana, Tehsil And District Deedwana- Kuchaman
         (Raj.).
10.      Sayed Aasif Ali S/o Shri Ausaf Ali, R/o Mohallah Sayedan
         Deedwana, Tehsil And District Deedwana- Kuchaman
         (Raj.).
11.      Sayed Arshad Ali S/o Shri Ausaf Ali, R/o Mohallah
         Sayedan     Deedwana,         Tehsil     And       District   Deedwana-
         Kuchaman (Raj.).
12.      Sajida Begam D/o Shri Ausaf Ali, R/o Mohallah Sayedan
         Deedwana, Tehsil And District Deedwana- Kuchaman
         (Raj.).
13.      Shamim Begam D/o Shri Ausaf Ali, R/o Mohallah Sayedan
         Deedwana, Tehsil And District Deedwana- Kuchaman
         (Raj.).
14.      Vaseem S/o Sayeda Begam, R/o Mohallah Sayedan
         Deedwana, Tehsil And District Deedwana- Kuchaman
         (Raj.).
15.      Rameej S/o Sayeda Begam, R/o Mohallah Sayedan
         Deedwana, Tehsil And District Deedwana- Kuchaman
         (Raj.).
16.      Sabera     Begam     D/o     Sayed Rasid Ali, R/o               Mohallah
         Sayedan     Deedwana,         Tehsil     And       District   Deedwana-
         Kuchaman (Raj.).
17.      Shabnam D/o Sayed Rasid Ali, R/o Mohallah Sayedan
         Deedwana, Tehsil And District Deedwana- Kuchaman
         (Raj.).
18.      Shagupta D/o Sayed Rasid Ali, R/o Mohallah Sayedan
         Deedwana, Tehsil And District Deedwana- Kuchaman
         (Raj.).
19.      Shahin D/o Sayed Rasid Ali, R/o Mohallah Sayedan
         Deedwana, Tehsil And District Deedwana- Kuchaman
         (Raj.).
20.      Sayed Ali Akbar S/o Sayed Abdul Latif, R/o Mohallah
         Sayedan     Deedwana,         Tehsil     And       District   Deedwana-
         Kuchaman (Raj.).

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21.      Sayed Ali Asgar S/o Sayed Abdul Latif, R/o Mohallah
         Sayedan    Deedwana,         Tehsil     And       District   Deedwana-
         Kuchaman (Raj.).
22.      Sayed Ali Akthar S/o Sayed Abdul Latif, R/o Mohallah
         Sayedan    Deedwana,         Tehsil     And       District   Deedwana-
         Kuchaman (Raj.).
23.      Sayed Zafar Ali S/o Sayed Ashraf Ali, R/o Mohallah
         Sayedan    Deedwana,         Tehsil     And       District   Deedwana-
         Kuchaman (Raj.).
24.      Sayed Imran Ali S/o Sayed Ramzan, R/o Mohallah
         Sayedan    Deedwana,         Tehsil     And       District   Deedwana-
         Kuchaman (Raj.).
25.      Sameya Bano D/o Sayed Ramzan, R/o Mohallah Sayedan
         Deedwana, Tehsil And District Deedwana- Kuchaman
         (Raj.).
26.      Sabiya Bano D/o Sayed Ramzan, R/o Mohallah Sayedan
         Deedwana, Tehsil And District Deedwana- Kuchaman
         (Raj.).
27.      Amna Bano D/o Sayed Ramzan, R/o Mohallah Sayedan
         Deedwana, Tehsil And District Deedwana- Kuchaman
         (Raj.).
28.      Shahnaz Bano D/o Sayed Ramzan, R/o Mohallah Sayedan
         Deedwana, Tehsil And District Deedwana- Kuchaman
         (Raj.).
29.      Muqtadeer S/o Jubeda Bano, R/o Mohallah Sayedan
         Deedwana, Tehsil And District Deedwana- Kuchaman
         (Raj.).
30.      Shamina Bano D/o Sayad Ramzan, R/o Mohallah Sayedan
         Deedwana, Tehsil And District Deedwana- Kuchaman
         (Raj.).
                                                                ----Respondents


For Petitioner(s)        :     Mr. Hemant Kumar Jain with
                               Ms. Kusha Sharma




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              HON'BLE MS. JUSTICE REKHA BORANA

Order

17/01/2025

1. The present writ petition has been filed against the order

dated 22.11.2024 passed by the learned Additional District Judge,

Deedwana, Merta in Civil Original Suit No.13/2023 whereby the

application under Order 6 Rule 17, CPC as filed on behalf of the

plaintiff was allowed.

2. Learned counsel for the petitioners raised three grounds :

Firstly, the amendment as prayed for could not have been allowed

as by the said amendment, reliefs for declaration and possession

were sought to be added which would change the nature of the

suit. Secondly, the said reliefs could not have been prayed for

without serving the notice in terms of Section 304 of the

Rajasthan Municipalities Act, 2009 (hereinafter referred to as the

'Act of 2009') which is a mandate. Thirdly, no cause of action for

the reliefs sought to be added vide the amendment arise to the

plaintiff.

3. Heard learned counsel for the petitioners and perused the

material available on record.

4. It is an admitted position that the suit in question is at the

preliminary stage and the application under Order 6 Rule 17, CPC

has been filed at the very inception.

5. A bare perusal of the reliefs as prayed for in the original

plaint and as permitted by the learned Trial Court vide the

amendment makes it clear that all the reliefs as prayed for pertain

to the same property in question and the parties to the dispute

are also the same.

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6. As is the settled position of law, the disputes pertaining to

the same parties and the same properties ought to be decided in

the same suit to curb the multiplicity of proceedings. In the case

of Abdul Rehman & Anr. vs. Ruldu & Ors.;2012 11 SCC 341,

the Hon'ble Apex Court while reiterating the settled position of law

observed as under:

"14. In Pankaja & Anr. vs. Yellapa (Dead) By Lrs. & Ors. AIR 2004 SC 4102 = (2004) 6 SCC 415, this Court held that if the granting of an amendment really subserves the ultimate cause of justice and avoids further litigation, the same should be allowed. In the same decision, it was further held that an amendment seeking declaration of title shall not introduce a difffferent relief when the necessary factual basis had already been laid down in the plaint in regard to the title.

15. We reiterate that all amendments which are necessary for the purpose of determining the real questions in controversy between the parties should be allowed if it does not change the basic nature of the suit. A change in the nature of relief claimed shall not be considered as a change in the nature of suit and the power of amendment should be exercised in the larger interests of doing full and complete justice between the parties."

7. So far as the ground regarding non-serving of notice in

terms of Section 304 of the Act of 2009 is concerned, as is settled

law, the said objection if any could have been raised only on

behalf of the Municipal Authorities. The ground raised on behalf of

private party cannot be entertained.

8. As held in the judgment of Mohanlal vs. Jagdish Prasad

Soni & Ors.; 2020 (1) RLW 674 (Raj.), the right/obligation to

notice can be waived by the party for whose benefit, it has been

provided. If no objection is taken by the State/Municipal Authority

[2025:RJ-JD:3229] (6 of 6) [CW-324/2025]

of non-service of the notice, the same shall be deemed to have

been waived by the said authority.

Further, in the case of Mukesh Chandel vs. State of

Rajasthan & Ors.; S.B. Civil Revision Petition No.30/2023

(decided on 01.08.2023), it has been observed by this Court as

under:

"....the objection of non-service of notice has not been taken by the Municipal Authority/Authority but by the private defendants, hence, the same cannot be tenable."

9. In view of the above analysis, this Court does not find any

ground to interfere in the order impugned and the present writ

petition is hence, dismissed.

10. Stay petition and pending applications, if any, stand

disposed of.

(REKHA BORANA),J 18-Devanshi/Minki-