Jalu Ram vs Bikaner Development Authority ...
2026 Latest Caselaw 4356 Raj

Rajasthan High Court - Jodhpur

Jalu Ram vs Bikaner Development Authority ... on 23 March, 2026

[2026:RJ-JD:13669]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 5972/2026

1.       Jalu Ram S/o Jaisa Ram, Aged About 60 Years, Resident
         Of Near Old Chungi Chauki, Gajner Road, Bikaner (Raj)
2.       Santosh W/o Jalu Ram, Aged About 57 Years, Resident Of
         Near Old Chungi Chauki, Gajner Road, Bikaner (Raj)
                                                                   ----Petitioners
                                    Versus
1.       Bikaner Development Authority, Bikaner Through Its
         Secretary, Bikaner Development Authority, Bikaner (Raj)
2.       State Of Rajasthan, Through District Collector, Bikaner
         (Raj)
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Tirupati Chandra
                                Mr. Abhishek Aggarwal
For Respondent(s)         :



          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

23/03/2026

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

dated 07.08.2025 passed by learned Additional Civil Judge No.3,

Bikaner in Civil Misc. Case No.165/2025, vide which prayer for

grant of interim temporary injunction in favour of the petitioners

was rejected.

2. Learned counsel for the petitioners submits that the main

application under Order XXXIX Rules 1 and 2 of C.P.C. is still

pending adjudication and the rights of the parties have not been

finally adjudicated, however, the petitioner would be satisfied if a

limited direction is issued to the trial court to decide the said

(Uploaded on 23/03/2026 at 05:45:50 PM)

[2026:RJ-JD:13669] (2 of 2) [CW-5972/2026]

application expeditiously. It is further prayed that rights of the

petitioners be protected till adjudication of the application.

3. Be that as it may, without commenting upon the merits of

the case, learned trial court is directed to decide the pending

application under Order 39 Rules 1 & 2 CPC as expeditiously as

possible, preferably within a period of 30 days from the date of

receipt of the order of this Court.

4. Till 30 days, the parties are directed to maintain status quo

as it exists today, with regard to the property / land in dispute.

5. It is made clear that the learned trial Court should decide the

application under Order 39 Rule 1 and 2 strictly in accordance with

law, without being influenced by observations made in the order

dated 07.08.2025.

6. With the aforesaid observations, the civil misc. appeal stands

disposed of.

7. Stay petition and all pending applications, if any, also stand

disposed of.

(MUKESH RAJPUROHIT),J 49-AbhishekS/-

(Uploaded on 23/03/2026 at 05:45:50 PM)

Powered by TCPDF (www.tcpdf.org)