J.D.A. Jodhpur vs Shahina And Ors. (2025:Rj-Jd:13600)
2025 Latest Caselaw 8707 Raj

Rajasthan High Court - Jodhpur

J.D.A. Jodhpur vs Shahina And Ors. (2025:Rj-Jd:13600) on 11 March, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:13600]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Second Appeal No. 154/2014

Jodhpur       Development         Authority,         Jodhpur      through    its
Commissioner, Jodhpur
                                                                   ----Appellant
                                    Versus
1. Shahina W/o Mehmood Ali, by caste Musalman, resident of
Subhash Chowk, Chakki Wali Gali, Ratanada, Jodhpur.
2. Bashir Ahmed S/o Mohammad Iqbal, by caste Musalman,
resident of Sakina Colony, near Geeta Bhawan, Jodhpur.
3. Mehmood Aalam S/o Shri Mukhtiyar Ahmed, by caste
Musalman, resident of Subhash Chowk, Chakki Wali Gali,
Ratanada in the capacity of Power of Attorney Holder Bashir
Ahmed S/o Mohammad Iqbal, by caste Musalman, resident of
Sakina Colony, near Geeta Bhawan, Jodhpur.
4. Jodhpur Nagar Nigam through its Chief Executive Officer.
                                                                 ----Respondent


For Appellant(s)          :     Mr. Rajesh Choudhary
For Respondent(s)         :     Mr. Sandeep Saruparia
                                Mr. Nikhil Ajmera
                                Mr. L.S. Chundawat



              HON'BLE MS. JUSTICE REKHA BORANA

Judgment

11/03/2025

1. An application has been filed on behalf of respondent No.1

with a prayer to withdraw the suit qua appellant - JDA.

2. Counsel appearing for the appellant - JDA opposed the said

prayer and submitted that even if the plaintiff is permitted to

withdraw the suit, it has to be qua all the defendants and not

solely the appellant - JDA.

3. Responding to the said objection, counsel for respondent

No.1 consented that the appeal as preferred by the appellant -

[2025:RJ-JD:13600] (2 of 2) [CSA-154/2014]

JDA be allowed and the impugned judgment and decree dated

25.02.2014 be quashed and set aside. Meaning thereby, the

judgment and decree dated 31.05.2013 passed by the learned

trial Court vide which the suit as preferred by the plaintiff was

dismissed, be restored.

4. In view of the submissions made and in view of the consent

given by counsel for respondent No.1-plaintiff, the present appeal

is hereby allowed. The substantial question of law as framed, is

answered in the terms that the first appellate Court committed an

illegality in reversing the judgment and decree dated 31.05.2013

passed by the learned trial Court.

5. Consequently, the judgment and decree dated 25.02.2014

passed by the learned Additional District Judge No.5, Jodhpur

Metropolitan in Civil Appeal No.17/2013 is quashed and set aside.

The suit as filed by the plaintiff stands dismissed.

6. Stay petition and pending applications, if any, shall stand

disposed of.

(REKHA BORANA),J 335-praveen/-

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