Rajasthan High Court - Jodhpur
Smt. Santosh Devi & Anr vs Bhanwar Lal & Ors on 7 March, 2011
Author: Gopal Krishan Vyas
Bench: Gopal Krishan Vyas
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
:ORDER:
S.B. Civil Writ Petition No.972/2011.
(Smt. Santosh Devi & Another Vs. Bhanwar Lal & Others)
DATE OF ORDER : March 07, 2011
PRESENT
HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS
_________________________________________
Mr. D.D. Chitlangi for the petitioner.
BY THE COURT :
Heard learned counsel for the petitioner. In this writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for quashing order dated 10.01.2011 passed by the trial Court upon application filed by the petitioner under Order 11 Rule 14, C.P.C. on 20.08.2010.
According to facts of the case, a suit was filed by the plaintiff-petitioner before the District Court for specific performance of contract. In the said suit, a reply was filed by the respondents. After filing reply by the respondents, an application under Order 11 Rule 12, C.P.C. was filed with the prayer that original patta No.181/59 dated 01.01.1959 2 of Gram Panchayat, Karnisar and sale-deed which is executed by respondents No.1 to 6 in favour of respondents No.7 and 8 may be ordered to be discovered from the respondents and may be taken on record.
A reply to the application was filed by the respondents and, thereafter, vide order dated 10.01.2011, the trial Court passed order that in the reply it is specifically stated by the respondents that respondents No.2 to 6 executed a sale- deed on 11.11.2009 in favour of respondents No.7 and 8 on the basis of patta No.181/59 dated 01.01.1959 issued by Gram panchayat Karnisar and that patta and sale-deed are in power and possession of respondents No.7 and 8 and those documents will be submitted at the time of evidence. It is also pleaded that photo copies of both the documents are already on record.
The trial Court after perusing the reply filed by the respondents disposed of the application filed by the respondents disposed of the application filed by the petitioner under Order 11 Rules 12 and 14, C,P.C., read with Section 151, C.P.C. with the observation that respondents No.7 and 8 will file the sale-deed and patta in question at the time of evidence as agreed by them in the 3 reply. In my opinion, no interference is required in the order dated 10.01.2011 passed by the Addl. District Judge (Fast Track) No.3, Bikaner because the order is just and proper and does not require any interference under Articles 226 and 227 of the Constitution of India. There is, therefore, no merit in this writ petition.
The writ petition is accordingly dismissed.
(Gopal Krishan Vyas) J.
Ojha, a.