Rajasthan High Court

CW/15426/2026 of SMT DHAPU W/O SHRI GANGARAM Vs SMT KAMLESH DEVI W/O SHRI BADRILAL on 12 August 2026

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JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15426/2026 CNR: RJHC020768592026 | URN: CW / 32817U / 2026 1. Smt Dhapu W/o Shri Gangaram, R/o Unkarpura 2. Gajanand S/o Shri Gangaram, R/o Onkarpura 3. Gopal S/o Gangaram, R/o Onkarpura 4. Bholi Bai D/o Shri Gangaram, R/o

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 15426/2026

CNR: RJHC020768592026 | URN: CW / 32817U / 2026

1.

Smt Dhapu W/o Shri Gangaram, R/o Unkarpura

2.

Gajanand S/o Shri Gangaram, R/o Onkarpura

3.

Gopal S/o Gangaram, R/o Onkarpura

4.

Bholi Bai D/o Shri Gangaram, R/o Onkarpura

5.

Jitendra S/o Shri Gangaram, R/o Onkarpura

6.

Smt. Kali Devi W/o Shri Ramkaran, R/o Onkarpura

7.

Mahadev S/o Shri Ramkaran, R/o Onkarpura

8.

Jaisingh S/o Shri Ramkaran, R/o Onkarpura

9.

Mahaveer S/o Shri Ramkaran, R/o Onkarpura

10.

Kanta D/o Shri Ramkaran, R/o Onkarpura

11.

Sumitra D/o Shri Ramkaran, R/o Onkarpura

12.

Meena D/o Shri Ramkaran, R/o Onkarpura

13.

Kaushalya D/o Shri Gokal, R/o Onkarpura

14.

Smt. Laad Devi W/o Shri Rajesh, R/o Onkarpura

15.

Kamlesh S/o Shri Gokal, R/o Onkarpura

16.

Vikram S/o Shri Rajesh, R/o Onkarpura

17.

Nisha D/o Shri Rajesh, R/o Onkarpura

18.

Hazari S/o Shri Goru, R/o Onkarpura

19.

Smt. Nandu W/o Shri Mangilal, R/o Onkarpura

20.

Tarachand S/o Shri Mangilal, R/o Onkarpura

21.

Sohan S/o Shri Sakaram, R/o Onkarpura

22.

Shivraj S/o Shri Sakaram, R/o Onkarpura

23.

Prem Devi D/o Sakaram, R/o Onkarpura Tehsil Sawar District Ajmer.

----Petitioners

Versus

1.

Smt Kamlesh Devi W/o Shri Badrilal, Aged About 52

Years, R/o Indrapura Colony Gram Devli Tehsil Devli District Tonk.

2.

Geeta D/o Shri Kalu, R/o Onkarpura

3.

Jaylal S/o Shri Kalu, R/o Unkarpura

(2 of 3)

[CW-15426/2026]

4.

Fuma W/o Shri Kalu, R/o Unkarpura

5.

Badam D/o Shri Kalu, R/o Unkarpura

6.

Mahadev S/o Shri Kalu, R/o Unkarpura

7.

Motya D/o Shri Kalu, R/o Unkarpura

8.

Mohanlal S/o Shri Kalu, R/o Unkarpura

9.

Shankarlal S/o Shri Kalu, R/o Unkarpura Tehsil Sawar District Ajmer.

----Respondents

For Petitioner(s)

:

Mr. Kailash Chander Sharma

For Respondent(s)

:

HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

12/08/2026

1. Counsel for the petitioners submits that in the civil suit for cancellation/declaration of sale deed and permanent injunction, on their application for temporary injunction, stay order dated 09.01.2024 has been passed in their favour by the Court of Senior Civil Judge No.2, Kekri, District Ajmer whereagainst respondent No.1-Smt. Kamlesh Devi has filed Civil Misc. Appeal No.05/2025, which is pending for hearing before the Court of Additional District & Sessions Judge No.1, Kekri, District Ajmer.

2. Counsel for the petitioners further submits that during course of appeal, respondents submitted a written application that some compromise has been entered into between the parties, and therefore, appeal is not required to be heard and decided on merits, rather may be disposed of as having rendered infructuous but on that application, Appellate Court has posted the appeal for hearing with observation that application shall be considered at

(3 of 3) [CW-15426/2026] the time of hearing, hence, thereagainst the petitioners have filed this writ petition.

3. Perusal of the order-sheets dated 15.05.2026 and 20.05.2026 goes to show that in the order dated 15.05.2026 First Appellate Court directed the parties to appear in person and thereafter on next date 20.05.2026 observed that the application of respondents shall be considered at the time of hearing of appeal.

4. Petitioners have not placed anything on record to show that compromise has been arrived at with the appellant-Kamlesh Devi (respondent No.1 herein) nor any application of Kamlesh Devi to dispose of appeal as not press, in view of the compromise, has been placed on record.

5. This Court is of the opinion that in the back drop of above referred factual matrix, invocation of supervisory jurisdiction of the High Court by the petitioners is absolutely misconceived and uncalled for, which cannot be encouraged, however, at this stage, counsel for the petitioners pray to withdraw this writ petition with liberty to clarify the issue of compromise before the Appellate Court itself, at the time of hearing of appeal.

6. In that view of the matter, this Court is not required to enter into merits of the case and writ petition is dismissed as not pressed with liberty prayed for.

7. Stay application and pending application, if any, also stand disposed of.

8. A copy of this order be sent to the First Appellate Court. (SUDESH BANSAL),J Pcg/12

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