Rajasthan High Court - Jodhpur
Ramavtar Bhama vs Sita Ram Bhama (2023/Rjjd/004282) on 6 February, 2023
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2023/RJJD/004282]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 18928/2022
Ramavtar Bhama S/o Sh. Devi Dutt Verma, Aged About 70
Years, R/o Ward No. 31, Near Bira Temple, Aguna Bazar,
Ratangarh, Dist. Churu.
----Petitioner
Versus
Sita Ram Bhama S/o Sh. Devi Dutt Verma, R/o In Front Of Bira
Temple, Aguna Bazar, Ratangarh At Present Residing At Plot No.
39, Nandpuri Colony, Hawa Sadak, Jaipur.
----Respondent
For Petitioner(s) : Mr. CS Kotwani
For Respondent(s) : Mr. N.L.Joshi
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 06/02/2023
1. This writ petition has been preferred claiming the following reliefs:-
"The impugned order 19.11.2022 (Annex.7) passed by learned Additional District and Sessions Judge, Ratangarh in Civil Original Case No.04/2011 may kindly be ordered to be quashed and set aside.
The application so preferred by humble petitioner under Order 8 Rule 1 (A) (3) read with Section 151 CPC may kindly be order to be allowed and document Annex.8 sought to be produced by humble petitioner may kindly be ordered to be taken on record."
2. Learned counsel for the petitioner submits that in the present writ petition a limited prayer has been made to take certain documents on record while allowing the application preferred by the petitioner under Order 8 Rule 1 (A)(3) read with (Downloaded on 07/02/2023 at 10:12:53 PM) [2023/RJJD/004282] (2 of 2) [CW-18928/2022] Section 151 CPC; the said application was rejected by the learned Court below vide the impugned order dated 19.11.2022.
3. The contesting respondent represented by Mr. N.L.Joshi, learned counsel, supports the limited prayer, as aforementioned, made by the petitioner in the present petition.
4. In light of such limited prayer made in the present petition which is supported by the contesting respondent, the present petition is allowed, while quashing and setting aside the impugned order dated 19.11.2022 passed by the learned Court below. Accordingly, the application under Order 8 Rule 1 (A)(3) read with Section 151 CPC is allowed and the document, as mentioned in the aforementioned application, is ordered to be taken on record by the learned Court below.
5. All pending applications stand disposed of.
(DR.PUSHPENDRA SINGH BHATI),J 109-akansha/-
(Downloaded on 07/02/2023 at 10:12:53 PM) Powered by TCPDF (www.tcpdf.org)