HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 3643/2020

Om Infra Limited, Through Authorized Signatory Mr. Padam

Kumar Jain Son Of Late Shri Madho Lal Jain, Resident Of Plot No.

8-A-21, Mahaveer Nagar-Iii, Kota.

----Petitioner

Versus

1.

Sanjay Patil S/o Shri Viththal Shriniwas Patil, R/o Flat No.

105, Om Urban Heights, Plot No. 4/4A, Karneshwar

Housing Scheme, Mbs Road, Kota

2.

Urban Improvement Trust, Kota Through Secretary

3.

State Of Rajasthan Through District Collector, Kota

4.

Motilal Jain S/o Late Sh. Jagannath, Flat No. D-103,

Resident Of Om Urban Heights, Plot No. 4, Karneshwar

Group Housing Society, Mbs Road, Kota

5.

Ramesh Dadhich S/o Devilal, Flat No. D-202, Resident Of

Om Urban Heights, Plot No. 4, Karneshwar Group Housing

Society, Mbs Road, Kota

6.

Dar Credit And Capital Ltd, Through Authorized

Representative Shailendra Vijay S/o Niranjanlal Vijay, Flat

No. C-405, Resident Of Om Urban Heights, Plot No. 4,

Karneshwar Group Housing Society, Mbs Road, Kota

7.

Arvind Garg S/o Late Sh. Kishorilal Garg, Flat No. D-603,

Resident Of Om Urban Heights, Plot No. 4, Karneshwar

Group Housing Society, Mbs Road, Kota

8.

Ashish Dhavan S/o Ramesh Kumar Dhavan, Flat No. D-

503, Resident Of Om Urban Heights, Plot No. 4,

Karneshwar Group Housing Society, Mbs Road, Kota

9.

Pramod Kumar Agarwal S/o Shalta Prasad Agarwal, Flat

No. D-208, Resident Of Om Urban Heights, Plot No. 4,

Karneshwar Group Housing Society, Mbs Road, Kota

10.

Parag Vadhawan S/o M.k.vadhawan, Flat No. D-407,

Resident Of Om Urban Heights, Plot No. 4, Karneshwar

Group Housing Society, Mbs Road, Kota

11.

Salim S/o Khwaju Khan, Flat No. A-208, Resident Of

Block-A, Om Urban Heights, Plot No. 3, Karneshwar Group

Housing Society, Mbs Road, Kota

12.

Jaheer Beg S/o Jabbar Beg, Flat No. 203, Resident Of

(2 of 4)

[CW-3643/2020]

Block-A, Om Urban Heights, Plot No. 3, Karneshwar Group

Housing Society, Mbs Road, Kota

----Respondents

For Petitioner(s)

:

Mr. Anant Kasliwal, Senior Adv. with

Mr. Vaebhava Kasliwal, Adv.

For Respondent(s)

:

Mr. Ajay Kumar Jain, Adv. on behalf of

respondent No.1

Mr. Satya Narayan Kumawat, Adv. on

behalf of respondent Nos.2 and 3.

Mr. Mahesh Gupta, Adv. on behalf of

respondent Nos.4,5,8,10,11 & 12

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

02/12/2022

This Civil Writ Petition under Article 227 of the

Constitution Of India has been filed against the order dated

21.12.2019 passed by learned Additional District Judge No.6, Kota

(in short “learned Appellate Court”), whereby appeal No.175/2017

filed by the petitioner defendant has been dismissed and against

the order dated 31.08.2017 passed by learned Civil Judge

(South), Kota (in short “learned trial court”), whereby final relief

of suit No.38/2017 has been granted in injunction application filed

Under Order 39 Rule 1 CPC.

Learned counsel for the petitioner submits that the

respondent No.1 had filed a civil suit against the petitioner and

respondent No.2 in which respondent No.1 had filed an application

for temporary mandatory injunction. Learned counsel for the

petitioner also submits that the learned trial Court vide order

dated 31.08.2017 wrongly passed the mandatory injunction in

favour of respondent No.1. Learned counsel for the petitioner

further submits that the learned trial Court had granted similar

relief that could be granted only upon final disposal of the suit.

(3 of 4)

[CW-3643/2020]

Learned counsel for the petitioner further submits that the

petitioner had sold a flat to the respondent No.1 by way of sale

deed. In the sale deed, petitioner stated that he had filed an

application for procuring completion certificate on 13.09.2013 and

said completion certificate was not received within 30 days. So, it

should be considered as a deemed completion. Learned counsel

for the petitioner also submit