Kailash Narayan Verma S/O Late Shri … vs Sanjeev Verma S/O Kailash Narayan Verma … on 10 April, 2026

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    Rajasthan High Court – Jaipur

    Kailash Narayan Verma S/O Late Shri … vs Sanjeev Verma S/O Kailash Narayan Verma … on 10 April, 2026

    [2026:RJ-JP:15206]
    
            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                        BENCH AT JAIPUR
    
                     S.B. Civil Writ Petition No. 11967/2022
    
    1.       Kailash Narayan Verma S/o Late Shri Balabux, Aged
             About 75 Years, R/o H. No. B-42, Ashish Vihar (Rbi
             Colony) Mahal Road, Jagatpura, Jaipur, Presently Residing
             At Flat No. 705, Bhavya Green Apartment, Ramnagariya,
             Jagatpura, Jaipur.
    2.       Smt. Chandrakala Verma W/o Kailash Narayan Verma,
             Aged About 73 Years, R/o H. No. B-42, Ashish Vihar (Rbi
             Colony) Mahal Road, Jagatpura, Jaipur, Presently Residing
             At Flat No. 705, Bhavya Green Apartment, Ramnagariya,
             Jagatpura, Jaipur.
                                                                        ----Petitioners
                                         Versus
    1.       Sanjeev Verma S/o Kailash Narayan Verma, Aged About
             48 Years, R/o H. No. B-42, Ashish Vihar (Rbi Colony)
             Mahal Road, Jagatpura, Jaipur.
    2.       Smt. Manju Verma W/o Sanjeev Verma, Aged About 44
             Years, R/o H. No. B-42, Ashish Vihar (Rbi Colony) Mahal
             Road, Jagatpura, Jaipur. At Present Working At Office Of
             Assistant Director Of Prosecution, Kota, Room No. 68,
             First Floor, Collectorate Bhawan, Collectorate Campus,
             Nayapura, Kota.
                                                                      ----Respondents

    For Petitioner(s) : Mr. R.N. Mathur, Sr. Adv. Assisted by
    Mr. Utkarsh Dubey with
    Mr. Kailash Narayan Verma, present in
    person
    For Respondent(s) : Mr. Amit Kuri with
    Mr. Dharma Ram
    Mr. Sanjeev Verma, respondent in
    person
    Ms. Manju Verma respondent present
    in person

    HON’BLE MR. JUSTICE SAMEER JAIN

    SPONSORED

    Judgment

    10/04/2026

    1. The present writ petition has been filed invoking the

    extraordinary jurisdiction of this Court enshrined under Article 226

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    of the Constitution of India, assailing the impugned orders dated

    28.03.2022 and 09.06.2022.

    2. The matter at hand pertains to a family dispute. It is

    pertinent to note that petitioner Nos.1 & 2 are husband and wife,

    and are senior citizens aged about 78 and 76 years respectively,

    who are suffering from age-related ailments.

    3. It is contended by learned counsel for the petitioners that

    the petitioners are the rightful owners of the property situated at

    B-42, Ashish Vihar (RBI Colony), Mahal Road, Jagatpura, Jaipur,

    (hereinafter referred to as ‘property in question’) and the said fact

    is corroborated by Annexure-3. It is submitted that the impugned

    orders granted petitioners the rightful possession to peacefully

    reside in the said property.

    4. It is submitted that the respondents-son and daughter-in-law

    have deliberately frustrated the enforcement of the said orders. It

    is alleged that the respondents have encroached upon the

    property in question by parking their vehicles and placing other

    movable valuables and articles in the said premises. It is next

    submitted that the said act of the respondents are depriving of the

    senior citizens-petitioners qua the peaceful use and enjoyment of

    their own residence.

    5. Today, when the matter was called, the petitioners and the

    respondents, have marked their appearance before the Court.

    6. The respondents-son and daughter-in-law have submitted

    that they are primarily residing at Kota, and their current

    residence in Jaipur is distinct and separate from the property in

    question. The respondents have categorically stated that none of

    their vehicles or personal articles are presently kept at or inside

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    the property in question. Moreover, it is undertaken by the

    respondents that if any of their belongings are mistakenly found at

    or inside the said premises, they are completely ready and willing

    to remove the same forthwith. The respondents also expressed

    their goodwill, praying for the long and healthy life of their

    parents.

    7. Having heard the arguments advanced by learned counsel

    for the parties, this Court takes note of the fact that the

    respondent-parties have themselves undertaken not to interfere

    with the property in question. Therefore, no substantive grievance

    remains to be adjudicated by this Court.

    8. However, considering the advanced age and ailing health of

    the petitioners, and to ensure that the constitutional provisions of

    life and liberty as enshrined under Article 21 of the Constitution of

    India are safeguarded, this Court deems it appropriate to issue

    protective directives in favor of the petitioners.

    9. In light of above, the concerned SHO, Police Station

    Ramnagaria, Jagatpura, and the concerned Circle Officer are

    directed to ensure that the property in question i.e., B-42, Ashish

    Vihar (RBI Colony), Mahal Road, Jagatpura, Jaipur, be kept in the

    peaceful and uninterrupted possession of the petitioners. It is

    further directed that in case of any unauthorized articles or

    vehicles belonging to the respondents are found encroaching upon

    the said property, the same shall be removed immediately.

    10. Moreover, to instill a sense of security and ensure the

    protection of the life and liberty of the senior citizens-petitioners,

    the concerned SHO is directed to deploy one police

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    guard/personnel at the subject property for a period of seven days

    from the date of receiving certified copy of this order.

    11. Accordingly, the present petition stands disposed of. Pending

    application(s), if any, shall stand(s) disposed of.

    (SAMEER JAIN),J

    JKP/s-253

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