Rajasthan High Court
WMAP/340/2025 of MOTI LAL KOOLWAL S/O LATE SHRI RAMLAL JI KOOLWAL Vs SMT. SITA DEVI WIFE OF LATE SHRI MAKKHANLAL JI KOOLWAL on 31 August 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Writ Miscellaneous Application No. 340/2025 CNR: RJHC020618702025 | URN: WMAP / 653U / 2025 1 Moti Lal Koolwal S/o Late Shri Ramlal Ji Koolwal, Aged About 70 Years, R/o Poddar Gate, Nawalgarh, Tehsil Nawalgarh, District Jhunjhunu, At Present R/o-
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Writ Miscellaneous Application No. 340/2025
CNR: RJHC020618702025 | URN: WMAP / 653U / 2025
Moti Lal Koolwal S/o Late Shri Ramlal Ji Koolwal, Aged About 70 Years, R/o Poddar Gate, Nawalgarh, Tehsil Nawalgarh, District Jhunjhunu, At Present R/o- 6/426, S.F.S. Agarwal Farm, Mansarovar, Jaipur.
Prahladrai Koolwal S/o Late Shri Ramlal Ji Koolwal, Aged About 73 Years, R/o Poddar Gate, Nawalgarh, Tehsil Nawalgarh, District Jhunjhunu, At Present R/o 128-129, Pravasi Nagar, Murlipura, Jaipur.
----Petitioners
Versus
Smt. Sita Devi Wife Of Late Shri Makkhanlal Ji Koolwal, Aged About 83 Years, R/o Plot No. 22, Bal Vihar Colony, Kalwar Road, Jhotwara, Jaipur.
Pawan Kumar Son Of Late Shri Makkhan Lal Ji Koolwal, Aged About 55 Years, R/o- Nawalgarh, Tehsil Nawalgarh, District Jhunjhunu- Currently R/o C/o Salasar Balaji Kirana And General Store, Joshi Marg, Kalwar Road, Jhotwara, Jaipur.
Suresh Kumar S/o Shri Omprakash Koolwal, Aged About 52 Years, R/o Nawalgarh, Tehsil Nawalgarh, District Jhunjhunu, Currently R/o C/o Khandelwal General Store, Poddar Gate, Nawalgarh, Jhunjhunu.
Mahavirprasad S/o Late Shri Makkhan Lal Ji Koolwal, Aged About 65 Years, R/o- Nawalgarh, Tehsil Nawalgarh, District Jhunjhunu, Currently R/o 169 G.t. Road, (South)
Second Floor, Near Aloka Cinema, Shivpur, Hawra- 711102 (West Bengal).
Vinod Kumar Son Of Late Shri Makkhan Lal Ji, Aged About 62 Years, Resident Of Nawalgarh, Tehsil Nawalgarh, District Jhunjhunu, Currently R/o - 34/1, Nandlal Mitro Lane, Second Floor, Flat No. 5, Hawra- 711106 (West Bengal).
Smt. Radhadevi Daughter Of Late Shri Makkhlal Ji Wife Of Late Shri Omprakash Rawat, Aged About 75 Years, R/o - House No. 26, Radhepuri Extension First, Near Punjab National Bank, Delhi- 110051 (Deceased).
[2026:RJ-JP:34957]
(2 of 5)
[WMAP-340/2025]
6.1
Ashok Kumar S/o Late Shri Om Prakash Rawat, R/o - House Number 26, Radhepuri Extension First, Near Punjab National Bank, Delhi- 110051
6.2
Deepak Kumar S/o Late Shri Om Prakash Rawat, R/o - House Number 26, Radhepuri Extension First, Near Punjab National Bank, Delhi- 110051
6.3
Smt. Uma Urf Krishna Khandelwal Wife Of Shri Nandkishore Khandelwal, Daughter Of Late Shri Om Prakash Rawat, R/o C-1, Dwarka Apartment, 20, Kuri Road, Hawra- 711104.
6.4
Smt. Rita Ghiya Urf Bablu Wife Of Sunil Ghiya, Daughter Of Late Shri Omprakash Rawat, R/o- Plot No. 7, Chitragupt Nagar-2, Imli Wala Phatak, Jaipur.
6.5
Smt. Nirmala Gupta Wife Of Ajay Gupta Daughter Of Late Shri Omprakash Rawat, R/o- Plot No. 1, Ramdwara Colony, Mahavir Nagar, Tonk Road, Jaipur.
Smt. Sushila Devi Daughter Of Late Makkhan Lal Ji Wife Of Shri Ramchandra Ji Khandelwal, Aged About 69 Years, R/o - Plot No. 51, Bhartendu Nagar, Opposite Jaswant Nagar, Khatipura, Jaipur (Rajasthan).
Omprakash Koolwal Son Of Late Shri Ramlal Ji Koolwal, ( Deceased Date 19.05.2016)
8.1
Smt. Geeta Devi, Wife Of Late Shri Omprakash Koolwal 8.2
Mukesh Kumar Koolwal Son Of Late Shri Omprakash Koolwal, R/o C/o Khandelwal General Store, Poddar Gate, Nawalgarh, Jhunjhunu, Rajasthan.
8.3
Smt. Anju Wife Of Shri Kelash Ji Son Of Late Shri Omprakash Ji Koolwal, R/o - Satyanarayan Ji, Jhotwara, Niwaru Road, Opposite Punjab National Bank, Near Flyover, Jhotwara, Jaipur.
8.4
Smt. Suman Sarraf Wife Of Shri Basant Ji Sarraf Daughter Of Late Shri Omprakash Ji Koolwal, R/o Shambhudayal Ji Sarraf Chandiwala Textile, Manak Chowk, Dausa, Rajasthan.
8.5
Meena Khandelwal Wife Of Shri Girraj Ji Khandelwal Daughter Of Late Shri Omprakash Ji Koolwal, R/o- D-27, Kelash Nagar, 61, Shankar Lane, Kandiwali (Kandiwali), Mumbai- 400067., 8.6
Smt. Dimple Khandelwal Wife Of Shri Sanjay Ji
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[WMAP-340/2025]
Khandelwal Son Of Late Shri Omprakash Ji Koolwal, R/o Radheyshyam Ji Khandelwal, 165/29, Gulabbadi, Near Modi Building, Ajmer, Rajasthan.
Bajrang Lal Koolwal Son Of Late Shri Ramlal Ji Koolwal, Aged About 66 Years, R/o Nawalgarh, Tehsil Nawalgarh, District Jhunjhunu, Rajasthan Currently R/o- E-7, Murlipura Scheme, Near Kedia Palace, Jaipur, Rajasthan.
Naresh Kumar Chiraniya Son Of Shri Ramswaroop Ji Chiraniya, Aged About 58 Years, R/o Ward No. 25, C/o Mahalaxmi Oil Mill, Roop Niwas Kothi Road, Nawalgarh, Tehsil Nawalgarh, District Jhunjhunu
----Respondents
For Petitioner(s)
:
Mr. Prahladrai Koolwal (petitioner
No.2 is present in person)
For Respondent(s)
:
Dr. Shivendra Singh Rathore
HON'BLE MR. JUSTICE MANEESH SHARMA
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Order
31/08/2026
1. Learned counsel for the respondents raises a preliminary objection regarding the maintainability of the present application. He submits that the original writ petition (S.B. Civil Writ Petition No. 11424/2019) came to be decided on merits vide order dated 04.02.2025 passed by this Court; thereafter the present petitioner also preferred a review petition bearing S.B. Review Petition (Writ) No.113/2025, which was also rejected vide order dated 10.07.2026 passed by this Court. He points out that the present application has now been filed seeking the recall of both the aforesaid orders, along with an additional prayer to set aside the orders dated 05.07.2024, 26.07.2024, and 23.08.2024.
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2. He further submits that the said orders of 2024 were not the subject matter of the original writ petition. Consequently, since both the main writ petition and the review petition have already been dismissed, the present application for recalling those orders is barred in view of the provisions contained under Order 47 Rule 9 of the CPC and is thus not maintainable.
3. Heard submissions made at bar and perused the material available on record.
4. At the outset, a perusal of the record reveals that the original writ petition (S.B. Civil Writ Petition No. 11424/2019) was adjudicated on merits and disposed of by this Court vide order dated 04.02.2025. The petitioner subsequently preferred a review petition (S.B. Review Petition (Writ) No. 113/2025), which was also dismissed vide order dated 10.07.2026. It is evident that through the present application, the petitioner now seeks to recall both the aforementioned orders, while additionally praying for the setting aside of the antecedent orders dated 05.07.2024, 26.07.2024, and 23.08.2024.
5. To appreciate the issue at hand it would be appropriate to reproduce Order 47 Rule 9 of CPC, which reads as under: "9. Bar of certain application.—No application to review an order made on an application for a review or a decree or order passed or made on a review shall be entertained."
6. Thus, the mandate of Order 47 Rule 9 of CPC is abundantly clear, the same clearly bars entertaining a second review application. Thus, the present application cannot be permitted in law.
7. Insofar as the orders dated 05.07.2024, 26.07.2024 and 23.08.2024 are concerned, the same is not the subject matter of
(5 of 5) [WMAP-340/2025] the original writ petition bearing S.B. Civil Writ Petition No. 11424/2019; and the applicant is at liberty to assail the said orders either before the learned Trial Court or by seeking appropriate remedy available under the law before the competent forum.
8. In the upshot of the foregoing discussion the present application is dismissed as not maintainable.
9. All pending application(s) including (IA Nos.1/2025, 2/2025, 3/2025, 5/2025, 1/2026, 2/2026 and 3/2026) shall stand disposed of. (MANEESH SHARMA),J Deepa-49