Rajasthan High Court - Jaipur
Mohd. Rafiq Son Of Hafij Khan vs Hanuman Sahai Son Of Shri Heera Lal on 28 September, 2021
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 16681/2019
Mohd. Rafiq Son Of Hafij Khan, Aged About 44 Years, By Caste
Musalman, Resident Of Naya Bazar, Gangapur City, District Sawai
Madhopur.
----Petitioner
Versus
1. Hanuman Sahai Son Of Shri Heera Lal, By Caste Agarwal
Mahajan, Resident Of Gangapur City, Tehsil Gangapur
City, District Sawai Madhopur.
2. Kutubuddin Son Of Shri Abdul Hamid, By Caste
Musalman, Cycle Store, Resident Of Ghas Mandi,
Gangapur City, District Sawai Madhopur.
3. Hafij Khan Son Of Shri Abdul Hamid, (Since Deceased)
Through L.rs
4. Mohd. Farooq Son Of Hafij Khan, By Caste Musalman,
Resident Of Negar Gangaji Mandir, Ghas Mandi, Gangapur
City, District Sawai Madhopur
5. Mohd. Hanif Son Of Hafij Khan, By Caste Musalman,
Resident Of Negar Gangaji Mandir, Ghas Mandi, Gangapur
City, District Sawai Madhopur
6. Jarina Daughter Of Hafij Khan Wife Of Shri Ismail Khan,
By Caste Musalman, Resident Of Neem Ki Chowki, Near
Masjid, District Sawai Madhopur.
7. Akila Daughter Of Late Hafij Khan, Wife Of Shri Pappu, By
Caste Musalman, Resident Of Ward No. 3, Infront Of Pani
Ki Tanki, Near Gangaji Ka Mandir, Gangapur City, District
Sawai Madhopur
----Respondents
For Petitioner(s) : Mr. D.K. Dixit
For Respondent(s) : Mr. S.C. Gupta
JUSTICE DINESH MEHTA
Order
28/09/2021
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(2 of 3) [CW-16681/2019]
1. The matter comes up on an application for extension of interim order dated 14.10.2019 passed by this Court whreby the Court restrained the court below from passing any final order.
2. Learned counsel appearing for the respondent/s has pointed out that in a similar matter this Court had passed a similar interim order in Abdul Majid Vs. Chauthi Lal in SBCWP No.10728/2019 on 04.07.2019. The said order has been assailed in Chauthi Lal Agarwal (since deceased) Vs. Abdul Majid in SLP No.15676/2021 before the Apex Court and the Apex Court vide order dated 10.08.2021 passed following order:-
"Delay Condoned.
Applications seeking exemption from filing official translation and certified copy of the impugned order are allowed.
Issue notice.
Until further orders, there shall be stay of operation of the impugned interim orders of the High Court. Tag with SLP(C) No.1551/2018."
3. Learned counsel for the respondent/s submits that keeping in view the order passed by the Supreme Court, the interim order passed by this Court does not deserve to be extended.
4. This Court finds that the original judgment passed by this Court in K. Ramnarayan Vs. Shri Pukhraj in DB Civil Ref No.1/2015 holding that the cases under the TP Act cannot be allowed to continue has been stayed by the Supreme Court in Pukhraj Vs. K. Ramnarayan in SLP No.1551/2018.
5. In view of the stay passed by the Supreme Court, the trial Court would continue to have jurisdiction to decide the case under the Transfer of Property Act as it existed and the new Rent Control (Downloaded on 28/09/2021 at 09:56:57 PM) (3 of 3) [CW-16681/2019] Act would have no application as the view taken by this Court has already been stayed by the Supreme Court.
6. In view thereof, the interim orders passed by this Court in writ petition earlier cannot be followed, keeping in view the subsequent order passed by the Supreme Court on 10.08.2021 in SLP No.15676/2021 as quoted above.
7. In view thereof, the interim order dated 14.10.2019 passed by this Court is vacated.
8. Learned counsel for the petitioner submits that nothing further remains in the writ petition. In view of the above, the writ petition also stands dismissed.
9. All pending applications including stay application also stand disposed of.
(DINESH MEHTA),J SUSHIL KUMAR MAHECHA /176 (Downloaded on 28/09/2021 at 09:56:57 PM) Powered by TCPDF (www.tcpdf.org)