HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 1176/2021

Smt. Sugan Kanwar W/o Shri Jalam Singh, Aged About 65 Years,

Resident Of House No. 61-A, Bhagat Ki Kothi, Jodhpur (Raj.).

----Petitioner

Versus

1.

Poonam Singh S/o Shri Mukan Singh, Resident Of 61-B,

Bhagat Ki Kothi, Jodhpur (Raj.).

2.

Jalam Singh S/o Shri Mukan Singh, Resident Of 61-A,

Bhagat Ki Kothi, Jodhpur (Raj.).

3.

The Tehsildar, Jodhpur, Rajasthan.

----Respondents

For Petitioner(s)

:

Mr. Sanjay Nahar

For Respondent(s)

:

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

21/01/2021

An application was filed by the petitioner before the learned

Senior Civil Judge No.5 Jodhpur Metropolitan, which is dismissed

by the trial Court vide order dated 08.11.2019 mentioning therein

that the application is not maintainable.

A limited prayer has been made by the counsel for the

petitioner that inspite of the directions issued by this court in S.B.

Civil Writ Petition No.4833/2019 decided on 04.04.2019, the

application filed by the petitioner under Section 151 CPC before

the competent court for transfer the suit to a court that shall have

the pecuniary jurisdiction, has been dismissed. Therefore, the

competent court may be directed to decide the application in light

of S.B. Civil Writ Petition No.4833/2019.

(2 of 2)

[CW-1176/2021]

So in these circumstances, petitioner is directed to file a

fresh application before the trial court and the trial court is

directed to decide the application in the light of the order passed

by this court in S.B. Civil Writ Petition No.4833/2019 decided on

04.04.2019 strictly in accordance with law.

The writ Petition is disposed of.

Stay petition is also decided accordingly.

(MANOJ KUMAR GARG),J

113-Ishan/-