HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 3624/2022

1.

Tarachand S/o Late Sh. Pabudan Kankariya, Aged About

75 Years, Resident Of Tinwari Village, Tehsil Tinwari,

District Jodhpur (Raj.). Presently Residing At Ward No.

31, Gavli Para, Durg (Chhattisgarh).

2.

Lrs Of Late Premchand Jain, Through Lrs-

2/1.

Smt. Kiran Devi Kankariya D/o Late Sh. Premchand Jain,

Aged About 61 Years,

2/2.

Ashish Kankariya S/o Late Sh. Premchand Jain, Aged

About 43 Years,

2/3.

Raja Kankariya @ Ankush S/o Late Sh. Premchand Jain,

Aged About 37 Years, Resident Of 438-Kha, Ward No. 34,

Shiv Para, Durg (Chhatisgarh).

2/4.

Smt. Rekha Kochar @ Rakhi Kochar D/o Late Sh.

Premchand Jain W/o Chandan Kochar, Aged About 40

Years, Resident Of Mahaveer Cut-Piece, Vejnath Para,

Raipur (Chhattisgarh).

2/5.

Smt. Lakshmi Mohnot D/o Late Sh. Premchand Jain W/o

Sh. Nitin Mohnot, Aged About 38 Years, Resident Of H.

No. C-329, Sun-Fiesta Ground, Shailendra Nagar, Raipur

(Chhattisgarh).

3.

Smt. Leela Bai Bothra W/o Sh. Shantilal Bothra D/o Late

Sh. Pabudan Kankariya, Aged About 65 Years, Resident Of

Tinwari Village, Tehsil Tinwari, Jodhpur (Raj.). Presently

Residing At Sardar Bazar Near Jain Mandir, Raipur

(Chhattisgarh).

4.

Smt. Vimla Bafna W/o Sh. Uttamchand Bafna D/o Late

Sh. Pabudan Kankariya, Aged About 60 Years, Resident Of

Tinwari Village, Tehsil Tinwari, Jodhpur (Raj.). Presently

Residing At Bharka Para, Rajanandgaon (Chhattisgarh).

5.

Shantilal Kankariya S/o Late Sh. Pabudan Kankariya,

Aged About 71 Years, Resident Of Tinwari Village, Tehsil

Tinwari, Jodhpur (Raj.). Presently Residing At Ward No.

33, Shiv Para, Durg (Chhattisgarh).

6.

Manoharmal Jain S/o Late Sh. Laxmichand Jain, Aged

About 58 Years, Resident Of Tinwari Village, Tehsil

Tinwari, Jodhpur (Raj.). Presently Residing At H. No. S-

7/3, Ward No. 39, Rishabh Colony, Durg (Chhattisgarh).

(2 of 3)

[CW-3624/2022]

----Petitioners

Versus

Pukhraj Kankariya S/o Sh. Nemichand Kankariya, Aged About 82

Years, Presently Residing At Kailash Nagar, Rajandgaon, District

Rajandgaon (Chhattisgarh).

----Respondent

For Petitioner(s)

:

Mr. Moti Singh

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

07/11/2022

Heard learned counsel for the petitioners.

The present writ petition has been filed against the order

dated 10/01/2022 passed by learned Additional District Judge

No.7, Jodhpur Metropolitan (Raj.), whereby learned Appellate

Court allowed the appeal preferred by the respondent/plaintiff

Pukhraj Kankariya against the order dated 02.11.2021.

Learned counsel for the petitioners, instead of joining the

issues on merit, submits that the petitioners will be satisfied, if the

learned trial Court is directed to decide of the application preferred

by the respondent/plaintiff under Order 39 Rule 1 and 2 CPC at

the earliest.

Considering the limited prayer made by learned counsel for

the petitioners, the present writ petition is disposed of with a

direction to the learned Court below to decide the application of

the plaintiff/respondent preferred under Order 39 Rule 1 and 2

CPC at the earliest preferably within a period of four weeks from

the date of receipt of certified copy of this order.

(3 of 3)

[CW-3624/2022]

The stay application and other pending applications, if any

also stand disposed of.

(VINIT KUMAR MATHUR),J

39-SanjayS/-