Rajasthan High Court - Jodhpur
Prajapita Brahmm Kumari Ishwaria ... vs Df Gandhi And Ors (2025:Rj-Jd:44050) on 8 October, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:44050]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil First Appeal No. 140/2000
1. Prajapita Brahmm Kumari Ishwaria Vishwa Vidhyalaya through
managing Committee Members:
(A) Brahma Kumari Prakashmani, Chief Administrator
(B) Brahma Kumari Manohar Indra
(C) Brahma Kumar Vishwa Ratan.
(Defendant No.3)
2. Smt. Ratna Thadani w/o Ratan Thadani aged around 53 years,
resident of 32, Happy Home Water Field Road, Bandra, Mumbai.
(Defendant No.2)
3. Krishna Gopal s/o Hari Shanker Yadav, aged around 66 years,
resident of 1/34, Vidhayadhar Nagar, Jaipur.
(Defendant No.1)
----Appellants
Versus
1. D.F. Gandhi s/o F.S. Gandhi, resident of 'Gulisthan', 18-A/30
Lal Bhadur Shastri Marg, Allahabad.
2. Kumari Nargis d/o F.S. Gandhi, resident of 'Gulisthan', 18-A/30
Lal Bhadur Shastri Marg, Allahabad.
3. Smt. Zeru M. Chotiya d/o F.S. Gandhi resident of Ganesh
Bhawan, 149 Khambala Hills, Mumbai.
4. Smt. Pareen N. Amroliya d/o F.S. Gandhi resident of 52,
Adarbad, 34 Huuges Road, Mumbai.
----Respondents
For Appellant(s) : None Present.
For Respondent(s) : Mr. Naresh Singh
Mr. Rakesh Arora
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
08/10/2025
The instant first appeal has come up for consideration on an
application filed under Section 151 C.P.C., on behalf of Darius
Dossabhoy Gandhi S/o Late Dossabhoy Framroze Gandhi seeking
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[2025:RJ-JD:44050] (2 of 3) [CFA-140/2000]
withdrawal of the Original Suit No.23/1996 (12/1993) (D.F. Gandhi
and Ors. v. Krishna Gopal and Ors.) decreed in favour of the
plaintiff by the Court of learned Additional District Judge, Abu
Road vide judgment and decreed dated 19.05.2000.
In the application, it is stated that the
applicant/defendant/plaintiff - Dossabhoy Gandhi is sole and
single owner of Rattan Cottage which came in his ownership
through registered last Will (testamentary deed) dated
26.05.2000 executed by Dossabhoy Framroze Gandhi which was
registered in Allahabad bearing Serial No.146 to 155. The
applicant/defendant/plaintiff in the application has stated that he
is not interested in part of land (Rattan Cottage) which was sold
by registered sale deed dated 15.10.1985 to Krishna Gopal Yadav
because recently, rest of the land (Rattan Cottage) has already
been sold through registered sale deed dated 14.02.2024 which
was registered on 23.02.2024 before the Sub - Registrar, Deldar.
In view of the aforesaid, the application filed under Section
151 C.P.C. for withdrawal of the Original Suit No.23/1996
(12/1993) (D.F. Gandhi and Ors. v. Krishna Gopal and Ors.)
decided on 19.05.2000 by the Court of learned Additional District
Judge, Abu Road is allowed.
Consequently, the Original Suit No.23/1996 (12/1993) (D.F.
Gandhi and Ors. v. Krishna Gopal and Ors.) instituted in the Court
of learned Additional District Judge, Abu Road is dismissed as
withdrawn.
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[2025:RJ-JD:44050] (3 of 3) [CFA-140/2000]
In view of the aforesaid, the present first appeal is also
disposed of.
(KULDEEP MATHUR),J
71-himanshu/-
(Uploaded on 09/10/2025 at 01:16:32 PM)
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