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Rajasthan High Court - Jaipur

Motilal Son Of Late Sh. Lakshmi Narayan ... vs Mahaveer Prasad Son Of Maliram on 22 July, 2019

Author: Ashok Kumar Gaur

Bench: Ashok Kumar Gaur

                                            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                        BENCH AT JAIPUR

                                                     S.B. Civil Writ Petition No. 12126/2019

                                    Motilal Son Of Late Sh. Lakshmi Narayan Mahajan (Bateri Waale)
                                                                                                        ----Petitioner
                                                                         Versus
                                    Mahaveer Prasad Son Of Maliram
                                                                                                      ----Respondent

For Petitioner(s) : Mr. Abhi Goyal, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 22/07/2019 Counsel for the petitioner argued that the Court below on 29.05.2019 has rejected the application filed under Order 9 Rule 7 CPC only on account of pendency of the suit in question since 2012.

Counsel submits that the respondents had only objected with respect to cost to be paid to them on account of allowing the application of setting aside ex-parte proceedings against the petitioner. Counsel argued that the Court below on its own motion has rejected the application and the matter is posted for recording evidence of the defendant on 25.07.2019.

Issue notice of the writ petition as well as stay application, returnable on 30.07.2019. Notices may be given 'dasti', if prayed.

In the meanwhile, the Court below will not take up the proceedings in Civil Suit No.20/2012 (Mahaveer Prasad Vs. Ram Karan & Ors.) till next date, fixed before this Court.

(ASHOK KUMAR GAUR),J Ashish Kumar /369/43 (Downloaded on 01/09/2019 at 08:33:52 PM) Powered by TCPDF (www.tcpdf.org)