[2025:RJ-JP:22184]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Revision Petition No. 60/2025 Auric Infraprojects Limited, Through Director, Address Queens House, Queens Road, Near Vijay Dwar, Vaishali Nagar, Jaipur, Rajasthan.

----Petitioner/Defendant Versus

1. Amit Kumar Gupta S/o Shri Dinesh Kumar Gupta, Aged About 51 Years, R/o Plot No. 65, Auric Prime-Second, Village Jaisinghpura Bas, Bhankrota, Tehsil Sanganer, District Jaipur, Rajasthan.

---Respondent/Plaintiff

2. Arun Chahar, Through President Auric Villas Residents Welfare Society Plot No. 15, Auric Villa, Village Jaisinghpura Bas, Bhankrota, Tehsil Sanganer, District Jaipur, Rajasthan.

3. Praveen Pareek Through Secretary, Auric Villas Resident Welfare Society, Plot No. 16, Auric Villa, Village Jaisinghpura Bas, Bhankrota, Tehsil Sanganer, District Jaipur, Rajasthan.

----Proforma Respondents/Defendants For Petitioner : Mr. Samkit Jain For Respondent(s) : Mr. Nikhil Kumar Jain HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

REPORTABLE 23/05/2025

1. The instant revision petition is preferred by the petitioner- defendant aggrieved from order dated 20.01.2025 in Civil Suit No.374/2024 passed by learned Additional Civil Judge No.18, Jaipur Metropolitan-I (Headquarters Sanganer), Jaipur, whereby an application under Order VII Rule 11 CPC was dismissed.

2. Learned counsel for the petitioner while relying upon grounds of revision petition submitted that respondent No.1-plaintiff has filed a civil suit for declaration and permanent injunction for a scheme named in para 2 of plaint and for which “Auric Villas Residents Welfare Society” is constituted under the Rajasthan Apartment Ownership Act, 2015 (hereafter referred to ‘the Act of 2015’). Learned counsel further submitted that the respondent- plaintiff has filed a suit in a matter relating to maintenance of a Residents Welfare Association (RWA). He further submitted that the petitioner-defendant has filed an application under Order VII Rule 11 CPC on the ground that the Act of 2015 itself provides for complete resolution mechanism for dispute between member and RWA and competent authority is authorized to adjudicate the dispute but the Civil Court has no jurisdiction to entertain a civil suit. Learned counsel submitted that learned trial Court has dismissed the application under Order VII Rule 11 of CPC, without considering the provision of Section 31 of the Act of 2015.

3. Aforesaid contentions were opposed by learned counsel for the respondent No.1-plaintiff and submitted that while deciding the application under Order VII Rule 11 of CPC, no Court can take note of defence of opposite party and the trial Court has not committed any error while dismissing the application. He further submitted that if there is any objection about jurisdiction of the trial Court then same can be considered after framing the issues and leading the evidence. He also submitted that the order passed by the trial Court is in accordance with law and there is no scope of interference.

4. Heard learned counsel for the parties and perused the material placed on record.

5. Admittedly, a Society (as mentioned in plaint) was developed by present petitioner in the name of Auric Prime-II, Village Jaisinghpura Bas, Tehsil Sanganer, District Jaipur and plaintiff is one of the plot holder in the Society. The provisions of the Act of 2015 are applicable in the instant case. The Respondent Nos.2 and

3 are office bearers of RWA

6. The plaintiff has filed a civil suit for declaration and permanent injunction and petitioner-defendant No.3 has filed an application under Order VII Rule 11 CPC which was dismissed by the trial Court on 20.01.2025.

7. The Rajasthan Apartment Ownership Act, 2015 was promulgated on 29.05.2019 after publication in State Gazette. The Act was enacted with following object:-

“An Act to provide for the ownership of an individual apartment in a building and of an undivided interest in the common areas and facilities appurtenant to such apartment