Kunj Bihari vs. Shyoji (Since Deceased) Through Lrs
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Order Issued After Hearing
Purpose:
Fixed Date by Court
Before:
Hon'ble Hon'Ble The Chief Justice, Hon'ble M.M. Sundresh
Stage:
AFTER NOTICE (FOR ADMISSION) - CIVIL CASES
Remarks:
Dismissed
Listed On:
19 May 2023
In:
Judge
Category:
UNKNOWN
Interlocutory Applications:
171847/2022, 171849/2022,
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Order Text
ITEM NO.26 COURT NO.3 SECTION XV
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No. 21318/2022
(Arising out of impugned final judgment and order dated 07-03-2022 in IA No. 4/2021 passed by the High Court Of Judicature For Rajasthan At Jaipur)
KUNJ BIHARI Petitioner(s)
VERSUS
SHYOJI (SINCE DECEASED) THROUGH LRS. & ORS. Respondent(s)
(IA No. 167742/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No. 167740/2022 - EXEMPTION FROM FILING O.T.)
WITH
SLP(C) No. 21320/2022 (XV)
(FOR EXEMPTION FROM FILING O.T. ON IA 171870/2022 and FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 171871/2022)
SLP(C) No. 21322/2022 (XV)
(FOR EXEMPTION FROM FILING O.T. ON IA 171847/2022 and FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 171849/2022)
SLP(C) No. 21319/2022 (XV) (FOR EXEMPTION FROM FILING O.T. ON IA 167804/2022 and FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 167806/2022)
Date : 19-05-2023 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE M.M. SUNDRESH
For Petitioner(s)
Mr. Anuj Bhandari, AOR Mrs. Disha Bhandari, Adv. Mrs. Anjali Doshi, Adv.
For Respondent(s)
| Ms. Chitrangda Rastravara, Adv. |
|---|
| Mr. Aditya Pratap Singh Chauhan, Adv. |
| Mr. Abhijeet Singh, Adv. |
| Mr. Dashrath Singh, Adv. |
| Mr. Aishwary Mishra, Adv. |
| Mr. Gp. Capt. Karan Singh Bhati, AOR |
UPON hearing the counsel, the Court made the following O R D E R
We are not inclined to interfere with the impugned judgment, insofar as the judgment in question rejects the application(s) under Order XXII Rule 10 of the Code of Civil Procedure, 1908 (CPC). The High Court has clarified that the subsequent purchasers or the third parties will be bound by the principle of lis pendens and the judgment in case these parties claim any right through defendants.
Learned counsel for the petitioner states that there is a status quo order, which has been violated and an application under Order XXXIX Rule 2A of the CPC and the Contempt of Courts Act, 1971 has been filed against the defendants, as well as, subsequent purchasers/third parties. The said application(s) will be decided on merits without being influenced by the observations in the impugned judgment that the construction being undertaken will be at the risk and cost of the said persons.
Recording the aforesaid, the special leave petitions are disposed of.
Pending applications, if any, shall stand disposed of.
(DEEPAK GUGLANI) (R.S. NARAYANAN) AR-cum-PS COURT MASTER (NSH)