Rajasthan High Court - Jaipur
Mohan Lal Sharma And Anr vs Banwari Lal Shrma And Anr on 8 August, 2011
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Writ Petition No. 10306/2011 S.B. Civil Misc. Stay Application No. 9500/2011 (Mohan Lal Sharma & Another Versus Banwari Lal Sharma & Another) Date of Order :: 8th August, 2011 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Kanta Prasad Sharma, counsel for the petitioners. BY THE COURT:
Challenge in this writ petition is to the order dated 10th March, 2011 whereby the learned Additional Civil Judge (Jr. Division), No.5, Jaipur District, Jaipur dismissed the application filed by the defendants-petitioners to take the written statements on record.
2. Having heard the learned counsel for the petitioners and carefully perused the relevant material on record, it is noticed that this Court in the case of Babu Lal Versus Smt. Sangeeta Verma and Others (S.B. Civil Writ Petition No. 2883/2009), having analyzed the matter in detail, vide order dated 28th July, 2011 allowed the writ petition and directed the learned trial court to take the written statement filed by the petitioners-defendants on record subject to payment of cost.
3. The facts of the instant case are quite similar, hence in the light of the order passed by this Court in the case of Babu Lal (supra), the writ petition is allowed and the order dated 10th March, 2011 stands set-aside.
4. The learned trial court is directed to take the written statements filed by the defendants-petitioners on record subject to the payment of the cost of Rs. 1000/-, which shall be paid to the respondents-plaintiffs. Reply is to be taken on record only after the payment of amount of cost to the respondents-plaintiffs.
5. Consequent upon the disposal of writ petition, the stay application, filed therewith, does not survive and that also stands disposed of.
(MAHESH BHAGWATI),J.
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