Rajasthan High Court
CW/17048/2026 of SMT. SHEELA WIFE OF LATE SHRI HANUMAN PRASAD Vs SMT. SHANTI DEVI GOYAL WIFE OF SHRI BABULAL JI AGRAWAL on 31 August 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17048/2026 CNR: RJHC020791992026 | URN: CW / 35635U / 2026 1 Smt. Sheela Wife Of Late Shri Hanuman Prasad, Resident Of 151, Bajaj Bhawan, Babu Ka Tiba, Chowkri Topkhana Hazuri, Jaipur. 2 Kuldeep Son Of Late Shri Hanuman Prasad
[2026:RJ-JP:34946]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 17048/2026
CNR: RJHC020791992026 | URN: CW / 35635U / 2026
Smt. Sheela Wife Of Late Shri Hanuman Prasad, Resident Of 151, Bajaj Bhawan, Babu Ka Tiba, Chowkri Topkhana Hazuri, Jaipur.
Kuldeep Son Of Late Shri Hanuman Prasad Sharma, Resident Of 151, Bajaj Bhawan, Babu Ka Tiba, Chowkri Topkhana Hazuri, Jaipur.
Kumari Chetn Daughter Of Late Shri Hanuman Prasad, Resident Of House No. 151, Bajaj Bhawan, Babu Ka Tiba, Chowkri Topkhana Hazuri, Jaipur.
Kumari Guddi Daughter Of Late Shri Hanuman Prasad, Resident Of House No. 151, Bajaj Bhawan, Babu Ka Tiba, Chowkri Topkhana Hazuri, Jaipur.
----Petitioners
Versus
Smt. Shanti Devi Goyal Wife Of Shri Babulal Ji Agrawal, Aged About 73 Years, Resident Of House No. 151, Bajaj Bhawan, Babu Ka Tiba, Chowkri Topkhana Hazuri, Jaipur.
(Died During Pendency Of Suit)
1.1
Arun Goyal Son Of Late Shri Babulal Agrawal, Resident Of 150-Ab, Nirman Nagar, Vivekanand Marg, Opposite Dcm, Jaipur.
1.2
Smt. Madhu Kansal Daughter Of Late Shri Babulal Agrawal, Wife Of Shri Sudhir Kansal, Aged About 59
Years, Resident Of D-64, Bhan Nagar, Queens Road, Jaipur.
----Respondents
For Petitioner(s)
:
Mr. Manish K. Sharma
For Respondent(s)
:
HON'BLE MR. JUSTICE SUDESH BANSAL
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Order
31/08/2026
[2026:RJ-JP:34946] (2 of 2) [CW-17048/2026]
1. Petitioner has raised a grievance before this Court that against the judgment and decree of eviction dated 05.08.2025, petitioner has preferred Civil First Appeal along with an stay application, seeking to stay the execution of decree and the First Appeal as well as the stay application is pending for hearing before the Appellate Court i.e. Additional District & Sessions Judge No.9 Jaipur Metro-I.
2. In the meanwhile, learned trial Court has issued warrant for possession vide order dated 20.08.2026 but Appellate Court has not passed any order on the pending stay application, hence, petitioner was compelled to invoke the writ jurisdiction of High Court under article 227 of the Constitution of India.
3. Having heard counsel for the petitioner and after perusal of the order sheet in the First Appeal, this Court finds that let petitioner may appear before the First Appellate Court to make a request for earliest hearing of appeal or at least, on stay application showing the issuance of warrant of possession by the trial Court vide order dated 20.08.2026, hence, with such liberty, the instant writ petition stands disposed of.
4. Stay application and all pending application(s), if any, also stands disposed of. (SUDESH BANSAL),J Pcg/13