Rajasthan High Court
CMA/1601/2026 of SMT. JYOTI SINGH NARUKA W/O SHRI DALPAT SINGH NARUKA Vs SHRI PURNAMAL MEENA S/O LATE SHRI KANARAM MEENA on 6 August 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1601/2026 CNR: RJHC020330392026 | URN: CMA / 2974U / 2026 Smt. Jyoti Singh Naruka W/o Shri Dalpat Singh Naruka, R/o Uniyara House, Trimurti Circle, Jawaharlal Nehru Marg, Jaipur, Rajasthan. ----Appellant Versus 1 Shri
[2026:RJ-JP:30732]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 1601/2026
CNR: RJHC020330392026 | URN: CMA / 2974U / 2026
Smt. Jyoti Singh Naruka W/o Shri Dalpat Singh Naruka, R/o Uniyara House, Trimurti Circle, Jawaharlal Nehru Marg, Jaipur, Rajasthan.
----Appellant
Versus
Shri Purnamal Meena S/o Late Shri Kanaram Meena, R/o Plot No. 92, Bhagwan Vihar, Goner Road, Jaipur, Rajasthan.
Smt. Rekha Meena W/o Shri Purnamal Meena, R/o Plot No. 92, Bhagwan Vihar, Goner Road, Jaipur, Rajasthan.
----Respondents
For Appellant(s)
:
Mr. R.K. Agarwal, Sr. Adv. assisted by
Mr. Shovit Jhajharia
For Respondent(s)
:
Mr. Gunjan Pathak
Mr. C.S. Sinha, Court Commissioner
HON'BLE MR. JUSTICE SUDESH BANSAL
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Order
06/08/2026
1. In furtherance to the previous order dated 03.08.2026, the Court Commissioner has visited the site and has placed on record the report along with rough sketch map and few photographs of the suit plot. The report of Court Commissioner is taken on record.
2. Since instant appeal itself arises out of dismissal of an application for temporary injunction, instead of hearing on second stay application, with the consent of counsel for both parties, appeal itself has been finally heard on merits.
3. During course of arguments, in the backdrop of factual matrix that there are continuous issues between the parties, in respect of ownership and possession of the suit property, which are required to be gone into by the trial Court on merits, after recording evidence of both parties, counsel for both parties,
[2026:RJ-JP:30732] (2 of 2) [CMA-1601/2026] having instructions from their respective clients, are agreeable to maintain the present status of the suit property intact, during course of civil suit, as to alienation, construction and possession, as described by the Court Commissioner in its report dated 05.08.2026,
4. The only prayer of the counsel for respondents is that the suit itself may be directed to be decided expeditiously within scheduled time to which counsel for appellant-plaintiff has no objection.
5. In view of above, this Court is not required to enter into merits/demerits of the impugned order dated 19.03.2026 and it is hereby directed that during course of civil suit, both parties shall maintain status quo in respect of the suit property as to alienation, construction and possession, as described by the Court Commissioner in its report dated 05.08.2026. As a consequence, the order impugned dated 19.03.2026 stands set aside.
6. The trial Court is expected to proceed with the trial of civil suit in accordance with law in expeditious manner and shall make an endeavor to decide the same preferably within a period of one year, if possible.
7. Accordingly, instant appeal stands disposed of.
8. Both stay applications and any other pending application(s), if any, stand disposed of.
9. Record of the trial Court be sent back. (SUDESH BANSAL),J 105/NITIN