Rajasthan High Court - Jodhpur
Shri Ram Pathya Granthagar Samiti vs Seth Jugaldas Ganediwala Trust on 24 February, 2023
Author: Rekha Borana
Bench: Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
S.B. Civil Revision Petition No. 201/2022
Shri Ram Pathya Granthagar Samiti
----Petitioner
Versus
Seth Jugaldas Ganediwala Trust & Ors.
----Respondents
For Petitioner(s) : Mr. Ambika Prasad Sharma, Secretary
of the petitioner present in-person
For Respondent(s) : None present
HON'BLE MS. JUSTICE REKHA BORANA
Order 24/02/2023 Mr. Ambika Prasad Sharma, Secretary of the petitioner Society appears in person. He submits that vide order dated 17.02.2023, the learned Court below has passed a specific direction for issuance of warrant for possession and has directed for police assistance in delivery of possession to the decree holder. He prayed that so far as the petitioner Samiti is concerned, the possession has already been handed over to Lalit Kumar who is a representative of the respondent No.1 Trust and therefore, no possession can now be handed over by the Samiti.
A perusal of the record as well as the order dated 17.02.2023 as placed on record by the petitioner today makes it clear that the order dated 17.02.2023 has been passed on the objections as preferred by the said Lalit Kumar to whom the present petitioner alleges to have handed over the possession. Vide order dated 17.02.2023, the objections of Lalit Kumar have been rejected and it has been directed that the possession be (Downloaded on 27/02/2023 at 10:36:52 PM) (2 of 2) [CR-201/2022] taken from him and be handed over to the decree holder. Therefore, in view of the submission made by the petitioner himself who claims to be the Secretary of the petitioner Society, when once the possession has been handed by the petitioner Samiti, it cannot be said to be aggrieved of the order dated 27.09.2022 or 17.02.2023. The present petitioner Samiti cannot be supposed to be aggrieved of any order passed against Lalit Kumar who is in possession of the property at present.
In view of the same, this Court finds no ground to pass any interim order at this stage.
As the counsels have not appeared, let the matter be listed after one week.
(REKHA BORANA),J 10-Sachin/-
(Downloaded on 27/02/2023 at 10:36:52 PM) Powered by TCPDF (www.tcpdf.org)