Rajasthan High Court - Jodhpur
Lrs Of Shri Dulichand vs Laxman Singh on 4 August, 2022
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15416/2018
1. Lrs Of Shri Dulichand:-
1/1. Rukmani Devi W/o Late Shri Dulichand, Aged About 75
Years,
1/2. Mahendra S/o Late Shri Dulichand, Aged About 54 Years,
1/3. Narendra S/o Late Shri Dulichand, Aged About 50 Years,
1/4. Ashok S/o Late Shri Dulichand, Aged About 47 Years,
1/5. Anand S/o Late Shri Dulichand, Aged About 45 Years,
1/6. Trilok S/o Late Shri Dulichand, Aged About 42 Years,
All by Caste Raval, R/o Ashoka Hotel, Station Road,
Jodhpur And Rawal Farmhouse, Krishnapuri, Sirohi (Raj.)
----Petitioners
Versus
1. Laxman Singh S/o Ganeshi Lal Ji,
2. Kamal Kishore S/o Ganeshi Lal Ji,
3. Chandra Prakash S/o Ganeshi Lal Ji,
4. Vinod Kumar S/o Ganesh Lal Ji,
All resident ofRailway Station, Jodhpur
5. Lrs Of Smt. Intu W/o Late Mohd. Hanif,
5/1. Ahsan S/o Late Mohd. Hanif:-
5/2. Lrs Of Ulfat :-
5/2/1. Aslam S/o Late Shri Mardan Khan,
5/2/2. Akhatar S/o Late Shri Mardan Khan,
5/2/3. Smt Hushna W/o Sikandar,
5/2/4. Smt. Baby W/o Abdul Rashid,
5/3. Naseem D/o Late Shri Mohd. Hanif,
5/4. Najiya D/o Late Shri Mohd. Hanif,
5/5. Lrs Of Emna :-
5/5/1. Nasir S/o Late Shri Shafi Mohd.,
5/5/2. Abdul Rashid S/o Late Shri Shafi Mohd.,
5/5/3. Abdul Hamid S/o Late Shri Shafi Mohd.,
5/5/4. Smt. Praveen W/o Late Shri Shafi Mohd.,
5/5/5. Smt Rajiya D/o Late Shri Mohd. Hanif,
All by caste Musalman, R/o C-169 (Barkat House),
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Masuriya, Chopasani Road, near Railway Crossing,
Jodhpur.
6. Lrs Of Ghanshyam Parihar :-
6/1. Smt. Anita W/o Late Shri Ghanshyam,
6/2. Jilmil D/o Late Shri Ghanshyam,
6/3. Harkraj Parihar S/o Late Shri Ghanshyam,
All resident of Railway Station Near Ashoka Hotel,
Jodhpur
----Respondents
For Petitioner(s) : Mr. Prashant Tatia
For Respondent(s) : Mr. R.K. Thanvi, Sr. Adv. With
Mr. Mahendra Thanvi
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 04/08/2022 Heard learned counsel for the parties. The present writ petition has been preferred against the order dated 21.8.2018 passed by the learned Additional Civil Judge No.6 in Case Original Case No.156/2001 whereby application preferred under Order 11 Rule 12 and 14 CPC has been rejected.
Learned counsel for the petitioner vehemently argued that if the documents asked for in the application preferred under Order 11 Rule 12 and 14 CPC are not produced before the Court, he will suffer an irreparable damage while defending his suit. Learned counsel submits that the learned trial court has rejected the application merely on the ground that the documents are in the possession of defendant-respondent No.1 Smt. Intu and the same cannot be produced because ex parte proceedings have been undertaken against them.
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(3 of 3) [CW-15416/2018] In these circumstances, learned counsel for the petitioner seeks to withdraw the present writ petition with liberty to approach the learned trial court by way of filing an appropriate application under Order 16 Rule 6 CPC for summoning of the documents mentioned in the application preferred under Order 11 Rule 12 and 14 CPC.
Accordingly, the writ petition is disposed of with the liberty aforesaid. However, it is made clear that the learned trial court will not be influenced by its order dated 21.8.2018 while deciding the application preferred by the petitioner under Order 16 Rule 6 CPC. The learned trial court is directed to expedite the trial proceedings as the same is pending consideration before it since the year 2001.
(VINIT KUMAR MATHUR),J 35-praveen/-
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