[2026:RJ-JP:8765]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Revision Petition No. 74/2026 Mrs. Mooli Devi W/o Late Shri Shankar Lal Sharma, Aged About 83 Years, R/o 23 Jobner Bagh, Pareek Collage Road, Jaipur Rajasthan.

----Petitioner Versus

1. Mukesh Mundara S/o Dr. Moolchand Mundara, Aged About

51 Years, R/o Flat No. S-2, Second Floor, Grand Residency, Plot No. 89, Indraprasth Colony, Vaishali Nagar, Jaipur.

2. Mrs. Sheetal Mundara W/o Shri Mukesh Mundara, Aged About 49 Years, R/o Flat No. S-2, Second Floor, Grand Residency, Plot No. 89, Indraprasth Colony, Vaishali Nagar, Jaipur.

3. M/s Grand Infra Projects Pvt Ltd, Through Director Registered Address Maiznine Floor, G-7 Jaipur Tower, M.I.

Road, Jaipur

4. Sanjay Rawat S/o Sh Chandera Prakash Rawat, Aged About 50 Years, Resident Of C-16, Subhash Colony, Shastri Nagar, Jaipur Office Address M/s Grand Infra Projects Pvt Ltd. Registered Address Office Maiznine Floor, G-7 Jaipur Tower, M.I. Road, Jaipur

5. Rajeev Sharma S/o Late Shankar Lal Sharma, Resident Of

23 Jobner Bagh, Pareek Collage Road, Jaipur Rajasthan, Mob. No.9828020365

6. Shiv Kumar Chodhary S/o Sh Hanuman Chodhary, Aged About 45 Years, Resident Flat No G-1, Ground Floor, Grand Residency, Plot No 89, Inderpasth Colony, Vashali Nagar, Jaipur Raj.

7. Sanjay Kumar S/o Sh. Kailash Chand, Aged About 44 Years, Resident Flat No G-2 Ground Floor, Grand Residency, Plot No 89, Inder Pasth Colony, Vashali Nagar, Jaipur Raj

8. Smt. Mamta Mital W/o Sh. Sanjay Kumar, Aged About 36 Years, Flat No G-2 Ground Floor, Grand Residency, Plot No

89, Inderpasth Colony, Vashali Nagar, Jaipur Raj

9. Hemant Kumar Tak S/o Sh. Atma Ram Tak, Aged About

53 Years, Resident Of Flat No S-1 Ground Floor, Grand Residency, Plot No 89, Inderpasth Colony, Vashali Nagar, Jaipur Raj

10. Nitin Chug S/o Late Krashan Kant Chug, Aged About 42 Years, Flat No F-2 Ground Floor, Grand Residency, Plot No

89, Inderpasth Colony, Vashali Nagar, Jaipur Raj

11. Incharge Police Station, Chirtrakoot, Vaishali Nagar, Jaipur

12. Dy. Registrar, No. VII, Jaipur.

----Respondents For Petitioner(s) : Mr. Anand Sharma on behalf of Mr. Arvind Kumar Sharma For Respondent(s) :

HON'BLE MR. JUSTICE MANEESH SHARMA

Order

25/02/2026

1. The present revision petition has been filed by the petitioner under Section 115 of the Code of Civil Procedure, 1908, assailing the impugned order dated 28.10.2025, passed by learned Additional Civil Judge and Judicial Magistrate No.3, Jaipur Metropolitan - II, Jaipur, in the Civil Suit No.67/2023 (CIS No.330/2023) titled as 'Mukesh Mundra Vs. M/s. Grand Infra Project', whereby the petitioner's application filed under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (CPC), was rejected.

2. Learned counsel for the petitioner submits that a perusal of the averments of the plaint clearly shows that the suit has been filed as a representative suit without obtaining the leave of this Court. Thus, the suit is barred by law. He further submits that the plaintiffs/respondents have claimed easementary rights over the common basement and roof of the suit property, while describing themselves as the servient owners, which amounts to an implicit admission that the defendants are the dominant owners. He further submits that the suit, without a prayer for declaration, is not maintainable in its present form. He also submits that the suit seeks only a simpliciter injunction and no declaration has been sought; therefore, the learned Court below seriously erred in rejecting the petitioner's application filed under Order 7 Rule 11 CPC. He accordingly submits that the impugned order dated

28.10.2025 is unsustainable in the eyes of law.

3. Heard and considered the submissions made by learned counsel for the petitioner as well as perused the averments made in the plaint, copy of the application under Order 7 Rule 11 CPC, and reply thereto.

4. It would be apt to reproduce Order 7 Rule 11 CPC, which reads as under:-

"Rejection of plaint - The plaint shall be rejected in the f