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KRISHAN KUMAR KABRA & ORS versus ADDTL COLLECTOR (STAMPS) JAIPU

High Court of Rajasthan

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KRISHAN KUMAR KABRA & ORS v ADDTL COLLECTOR (STAMPS) JAIPU - CW Case No. 1048 of 1999 [2007] RD-RJ 1996 (16 April 2007)

CW 1048/99

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH

S.B. CIVIL WRIT PETITION NO.1048/99

Krishna Kumar Kabra & Anr.

Versus

Additional Collector (Stamps) & Ors.

DATE OF ORDER :: 16/04/2007

HON'BLE MR. JUSTICE AJAY RASTOGI

Mr. Inderjeet Singh, for petitioners

Mr. J.K. Agrawal, Addl.G.A. ]

Mr. O.P. Jhajhria for ] for respondents

Mr. Praveen Balwada ]

***

Petitioner No.2 is presently residing at Flat

No.403, Block C-6, Kamal Apartments, Bani Park,

Jaipur and respondent Nos.2 & 3, who are landlords, filed a regular suit for eviction which was decreed in their favour vide judgment 8th dated May, 2002 against which petitioner

No.2 preferred a Regular First Appeal No.246/02, which was decided on 16th September, 2004 with the direction that she will hand over the vacant possession of the suit premises on or before 31st

May, 2008 and will pay the arrears of rent, if any, within one month from today to the landlords and she will continue to pay the monthly rent till vacant possession is handed over and will not create any third party interest in the suit premises.

Instant petition has been filed wherein it has been prayed that respondent-State may be

CW 1048/99 directed to open the seal or lock of the Flat

No.403, Block C-6, Kamal Apartments, Bani Park,

Jaipur which under the interim directions of this court was opened and possession was handed over to petitioner.

In view of order passed by this court in

Civil First Appeal No.246/02, petitioner may not be disturbed from her peaceful possession in terms of order i.e. 16th September, 2004. However, respondent-State will be free to proceed against respondent Nos. 2 & 3 in accordance with law.

With the above observations, the writ petition stands disposed of. [AJAY RASTOGI],J.

FRBOHRA,JR.P.A.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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