Citation : 2026 Latest Caselaw 5686 Raj
Judgement Date : 13 April, 2026
[2026:RJ-JD:17208]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Writ Contempt Petition No. 798/2016
Smt. Daya Kaur W/o Late Shri Amolak Singh Aged About 57
Years, Owner of Plot No. 138, Hari Om Nagar, Residing at 2-B-
28, Pratap Nagar, Jodhpur (Raj.).
----Petitioner
Versus
1. Sudarshan Gupta S/o D.R. Agarwal, R/o Near Khadi Bhandar,
Ratanada, Jodhpur Raj. (Second Address - National Arbitral
Tribunal, 4 Jasol Road, Paota 'B' Road, Jodhpur Raj.
2. Pradeep Agarwal S/o Shri Ramniwas Agarwal, R/o B/28, 1
Kamla Nehru Nagar, Jodhpur, Rajasthan.
3. Jitendra Kumar S/o Shri Nanak Ram Gurbani, R/o House No.
18-E-128, Chopasani Housing Board, Jodhpur Raj.
4. Smt. Vanshika W/o Shri Jitendra Kumar Gurbani, R/o House
No. 18-E-128, Chopasani Housing Board, Jodhpur Raj.
5. Gopal Agarwal S/o Shri Ram Niwas Agarwal, R/o House No.
17-E-778, Chopasani Housing Board, Jodhpur Raj.
6. Chhagan Lal S/o Shri Chathura Ram Prajapat, R/o Ashok
Nagar, Chandana Bhakar, Jodhpur Raj.
----Respondents
Connected With
S.B. Writ Contempt Petition No. 862/2016
Lalu Ram Jangid S/o Shri Deva Ram Jangid, Aged About 61
Years, Owner of Plot No.136, Hari Om Nagar, Residing at 136,
Hari Om Nagar, Jhanwar Road, Jodhpur.
----Petitioner
Versus
1. Sudarshan Gupta S/o D.R. Agarwal, R/o Near Khadi Bhandar,
Ratanada, Jodhpur Raj. (Second Address - National Arbitral
Tribunal, 4 Jasol Road, Paota 'B' Road, Jodhpur Raj.
2. Smt. Dropati Gurbani W/o Nanak Ram Gurbani, R/o House No.
18-E-128, Chopasani Housing Board, Jodhpur Raj.
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[2026:RJ-JD:17208] (2 of 4) [WCP-798/2016] &
two other connected matters
3. Jitendra Kumar S/o Shri Nanak Ram Gurbani, R/o House No.
18-E-128, Chopasani Housing Board, Jodhpur Raj.
4. Smt. Vanshika W/o Shri Jitendra Kumar Gurbani, R/o House
No. 18-E-128, Chopasani Housing Board, Jodhpur Raj.
5. Gopal Agarwal S/o Shri Ram Niwas Agarwal, R/o House No.
17-E-778, Chopasani Housing Board, Jodhpur Raj.
6. Chhagan Lal S/o Shri Chathura Ram Prajapat, R/o Ashok
Nagar, Chandana Bhakar, Jodhpur Raj.
----Respondent
S.B. Writ Contempt Petition No. 62/2017
Deepak S/o Shri Nanak Ram Gyanchandani, Owner Of Plot No.
135, Hari Om Nagar, Residing At 17/632, Chopasni Housing
Board, Jodhpur Raj. Thorugh Her Power Of Attorney-Mother Smt.
Jyoti Gyanchandani W/o Late Shri Nanak Ram Gyanchandani
Aged 63 Years, Residing At 17/632 Chopasni Housing Board,
Jodhpur Raj.
----Petitioner
Versus
1. Sudarshan Gupta S/o D.r. Agarwal, R/o Near Khadi Bhandar,
Ratanada, Jodhpur Raj. Second Address National Arbitral
Tribunal, 4 Jasol Road, Paota B Road, Jodhpur Raj.
2. Smt. Dropati Gurbani W/o Nanak Ram Gurbani, R/o House No.
18-E-128, Chopasani Housing Board, Jodhpur Raj.
3. Jitendra Kumar S/o Shri Nanak Ram Gurbani, R/o House No.
18-E-128, Chopasani Housing Board, Jodhpur Raj.
4. Smt. Vanshika W/o Shri Jitendra Kumar Gurbani, R/o House
No. 18-E-128, Chopasani Housing Board, Jodhpur Raj.
5. Gopal Agarwal S/o Shri Ram Niwas Agarwal, R/o House No.
17-E-778, Chopasani Housing Board, Jodhpur Raj.
6. Chhagan Lal S/o Shri Chathura Ram Prajapat, R/o Ashok
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[2026:RJ-JD:17208] (3 of 4) [WCP-798/2016] &
two other connected matters
Nagar, Chandana Bhakar, Jodhpur Raj.
7. State Of Rajasthan Through The Secretary Of Home, Govt. Of
Rajasthan, Jaipur Raj.
For Petitioner(s) : Mr. O.P. Mehta, through VC assisted
by Mr. Tanay Jain
For Respondent(s) : Mr. Harish Purohit assisted by
Mr. Harsh Kumar Purohit
HON'BLE MS. JUSTICE REKHA BORANA
Order
13/04/2026
1. These three contempt petitions have been filed alleging
disobedience of interim order dated 16.05.2016 (passed in the
respective writ petitions). Vide the said orders, status quo
regarding the property in question was directed to be maintained.
2. Counsel for the respondents submits that subsequent to
passing of the above interim order, the writ petitions, stood
allowed and the judgment & Award in question stood set aside.
Therefore, interim order dated 16.05.2016 remains of no
consequence.
3. Counsel for the petitioners however submits that during the
pendency of the writ petitions, despite interim orders dated
16.05.2016 being in operation, a sale-deed was executed by
respondent No.1 (Registrar of National Aribtral Tribunal) in favour
of respondent Nos. 2 to 6 in compliance of the Award in question.
The said sale deed remains in existence as of date and hence,
deserves to be cancelled.
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[2026:RJ-JD:17208] (4 of 4) [WCP-798/2016] & two other connected matters
4. It is an admitted fact that vide judgment dated 14.12.2018
passed in S.B. Civil Writ Petition No. 4200/2016 and other
connected matters, Award dated 21.09.2015 stood quashed and
struck down. Vide judgment dated 14.12.2018, the Court held and
directed as under:-
"As a consequence, the writ petitions deserve acceptance and are hereby allowed. The impugned judgment-cum-award dated 21.09.2015 passed by the respondent No.1 National Arbitral Tribunal and all subsequent actions taken in furtherance thereof are hereby quashed and struck down."
5. In view of above direction whereby the Court, while quashing
the Award, also quashed and struck down all the subsequent
actions taken in furtherance thereof, the sale deed too, ipso facto
stood quashed and struck down. The said sale deed therefore,
cannot be termed to be valid or in existence as of date. It is
hereby observed that sale deeds dated 07.05.1993, 05.08.2005 &
25.11.2014 respectively stood ipso facto cancelled by virtue of
judgment dated 14.12.2018.
6. In view of the above, this Court is not inclined to proceed
further with the present contempt proceedings and hence, the
same stand disposed of.
7. Rule stands discharged.
(REKHA BORANA),J 113-Mak/-
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