Citation : 2026 Latest Caselaw 5309 Raj
Judgement Date : 7 April, 2026
[2026:RJ-JD:16008]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 134/2023
1. Anupam Chhavi W/o Sh. Atul Sharma, Aged About 40
Years, By Caste Brahman R/o Near Shani Mandir, Kila
Road, Hanumangarh Town, Tehsil And District
Hanumangarh.
2. Miss Satakshi D/o Sh. Atul Sharma, Aged About 15 Years,
(Minor) Represented By Natural Guardian Mother Smt.
Anupam Chavi W/o Sh. Atul Sharma, Aged About 40 Yrs.
By Caste Brahman R/o Near Shani Mandir, Kila Road,
Hanumangarh Town, Tehsil And District Hanumangarh.
3. Sarthak S/o Sh. Atul Sharma, Aged About 10 Years,
(Minor) Represented By Natural Guardian Mother Smt.
Anupam Chavi W/o Sh. Atul Sharma, Aged About 40
Years, By Caste Brahman R/o Near Shani Mandir, Kila
Road, Hanumangarh Town, Tehsil And District
Hanumangarh.
----Appellants
Versus
1. Jagdishchandra Sharma S/o Sh. Brajmohan Sharma,
Aged About 67 Years, R/o Ward No. 18, Hisariya Chowk,
Near Residence Of Sh. Krishna Dev Tyagi Advocate,
Hanumangarh Town, Tehsil And District Hanumangarh.
2. Atul Sharma S/o Sh. Jagdishchandra Sharma, Aged About
43 Years, R/o Ward No. 18, Jagdishchandra Sharma,
Ward No. 18, Hisariya Chowk, Near Residence Of Sh.
Krishna Dev Tyagi Advocate, Hanumangarh Town, Tehsil
And District Hanumangarh.
3. Rakesh Kumar S/o Sh. Mangatraai, Resident Of Nayi
Abadi Hanumangarh Town Tehsil And District
Hanumangarh.
----Respondents
For Appellant(s) : Mr. Hemant Jain.
Mr. Ankur Limba
For Respondent(s) : Mr. Vipin Mankad.
Mr. VR Choudhary.
Mr. Atul Sharma.
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
07/04/2026
1. The instant appeal has been preferred challenging the order
dated 17.12.2022, passed by the learned Additional District Judge
No. 2, Hanumangarh, in Civil Misc. Case No. 71/2022 (CIS No.
71/2022), whereby the application filed by the appellants-plaintiffs
(Uploaded on 07/04/2026 at 04:59:09 PM)
[2026:RJ-JD:16008] (2 of 2) [CMA-134/2023]
under Order XXXIX Rules 1 and 2 read with Section 151 CPC has
been rejected.
2. At the outset, learned counsel for the parties submit that the
main suit, which is pending before the learned Court below, may
be directed to be decided expeditiously in the interest of justice.
3. In view of the limited prayer made by learned counsel for the
parties, the present appeal is disposed of. It is expected that the
learned trial Court shall decide the original suit pending before it
expeditiously, preferably within a period of eight months from the
date of receipt of a certified copy of this order, strictly in
accordance with law.
4. For a period of eight months, the interim order dated
25.01.2023, passed by this Court, shall remain in currency.
5. Stay application and all other pending applications, if any,
also stand disposed of.
(MUKESH RAJPUROHIT),J 197-/Jitender//-
(Uploaded on 07/04/2026 at 04:59:09 PM)
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