HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7997/2025 Starnet Real Estate And Projects Ltd., Bhilwara Through Its Director Harshit Nuwal S/o Subhash Nuwal, Aged About 36 Years, Registered Address Starnet Real Estate And Projects Ltd. And Ors, B-377, Shastri Nagar Tehsil Bhilwara, Rajasthan Phone Number 01482-246585 Sonagroup@gmail.com ----Petitioner Versus

1. Shri Chandi Das S/o Durgalal, Sultanpura, P.s. Gulabpura, Tehsil Bhilwara, Rajasthan

2. Varun Dev S/o Late Pitambar Das, Sultanpura, P.s.

Gulabpura, Tehsil Bhilwara, Rajasthan

3. Ajay Dev S/o Late Pitambar Das, Sultanpura, P.s.

Gulabpura, Tehsil Bhilwara, Rajasthan

4. Rudra Dev S/o Late Pitambar Das, Sultanpura, P.s.

Gulabpura, Tehsil Bhilwara, Rajasthan

5. Champak S/o Late Pitambar Das, Sultanpura, P.s.

Gulabpura, Tehsil Bhilwara, Rajasthan

6. Chhuti S/o Late Pitambar Das, Sultanpura, P.s.

Gulabpura, Tehsil Bhilwara, Rajasthan

7. Virendra Das S/o Late Pitambar Das, Sultanpura, P.s.

Gulabpura, Tehsil Bhilwara, Rajasthan

8. Smt. Saubagh Kanwar W/o Late Pitambar Das, Sultanpura House, Bhilwara Road, Near Old Telephone Exchange, Gulabpura, District Bhilwara.

9. Lalit S/o Late Pitambar Das, Minor Through Natural Guardian Mother Smt. Saubagh Kanwar W/o Late Pitambar Das, R/o Sultanpura House, Bhilwara Road, Near Old Telephone Exchange, Gulabpura, District Bhilwara.

10. Sangama D/o Late Pitambar Das, Minor Through Natural Guardian Mother Smt. Saubagh Kanwar W/o Late Pitambar Das, R/o Sultanpura House, Bhilwara Road, Near Old Telephone Exchange, Gulabpura, District Bhilwara.

11. Deepika D/o Late Pitambar Das, Minor Through Natural Guardian Mother Smt. Saubagh Kanwar W/o Late Pitambar Das, R/o Sultanpura House, Bhilwara Road, Near Old Telephone Exchange, Gulabpura, District Bhilwara.

----Respondents For Petitioner(s) : Mr. Usman Ghani For Respondent(s) : -------

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

13/05/2025 Let notice should go to the respondents through both the processes.

Requisites be filed within two weeks.

On compliance of the same, Registry shall proceed.

Learned counsel for the petitioner submits that the petitioner had entered into an agreement to purchase property from late Pitambar Das, father of respondent Nos.2 to 11. Before execution of the sale deed in pursuance of the agreement, Pitambar Das died and his legal heirs refused to execute the sale deed, hence, suit for specific performance of contract was filed.

During pendency of the suit, on the prayer of learned counsel for the petitioner, name of respondent Nos.2, 6, 7 and 8 was deleted. Since, these respondents were also legal heirs of late Pitambar Das, the suit would have been incompetent at the hands of the remaining respondents. Learned counsel contends that the conduct of learned counsel for the plaintiff in the suit was collusive and not to the best interest of the client, therefore, the plaintiff engaged some other counsel soon after knowledge of the aforesaid fact.

Considering the submission aforesaid, operation of the impugned orders dated 10.12.2024, 11.12.2024 and 05.03.2025 passed in Civil Suit No.03/2017 shall remain stayed till further order.

List this matter on 07.07.2025.

(BIRENDRA KUMAR),J

12-deep/-