Rajasthan High Court - Jaipur
Rajendra Kumar Jain vs Smt Shanti Devi And Ors on 14 February, 2012
Author: Bela M. Trivedi
Bench: Bela M. Trivedi
In the High Court of Judicature for Rajasthan at Jaipur Bench Jaipur S.B.Civil Writ Petition No.13294 of 2008 Rajendra Kumar Jain vs Smt. Shanti Devi and ors Date of Order : 14.2.2012 HON'BLE MS. JUSTICE BELA M. TRIVEDI Mr.NK Maloo, for the petitioner. Mr.JP Goyal, Sr.Advocate with Ms Maneesha Surana for the respondent. By the Court:
1.The present petition has been filed challenging the impugned order dated 6.9.2008 passed by the learned Civil Judge, (J.D.) No.1, Alwar (for short, the trial court) whereby the trial court had allowed the application of the respondents-defendants filed under Order VI Rule 17 of CPC and dismissed the application of the petitioner-plaintiff under Order VIII Rule 6(9) of CPC.
2.The learned counsel Mr.NK Maloo for the petitioner-plaintiff states the he does not press for the petition so far as the challenge to the order passed on the application filed under Order VIII Rule 6(9) of CPC is concerned and that this petition be treated only for challenging the impugned order so far as the trial court has allowed the application of the respondents under Order VI Rule 17 of CPC.
3.Learned Sr. counsel Mr. JP Goyal submits that he be granted permission to file appropriate application before the trial court for producing the map in question and that he does not press for the application on which the impugned order under Order VI Rule 17 has been passed by the trial court.
4.Since the learned counsel for the respondents does not press for the application filed under Order VI Rule 17, on which the impugned order is passed, the said order stands set aside. The respondents shall be at liberty to file fresh application as may be permissible and the trial court shall decide the same in accordance with law, if such application is filed.
5.Present petition stands disposed of with the aforesaid observations.
(BELA M. TRIVEDI) J.
omAll corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Om Prakash pa