HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12728/2021 Raju Ram S/o Ramchandra Prajapat, Aged About 54 Years, Resident Of Shobhawaton Ki Dhani, Pal Road, Jodhpur.
----Petitioner Versus
1. Mangla Ram S/o Ramchandra Prajapat, Resident Of Shobhawaton Ki Dhani, Pal Road, Jodhpur.
2. Ashok Kumar S/o Ramchandra Prajapat, Resident Of Shobhawaton Ki Dhani, Pal Road, Jodhpur.
3. Kishore Kumar S/o Ramchandra Prajapat, Resident Of Shobhawaton Ki Dhani, Pal Road, Jodhpur.
----Respondents For Petitioner(s) : Mr. C.S. Kotwani For Respondent(s) : Mr. Surendra Singh Rathore HON'BLE MR. JUSTICE VIJAY BISHNOI Judgment / Order 05/10/2021 This writ petition is filed by the petitioner being aggrieved with the order dated 6.9.2021 passed by the Addl. District Judge No.6, Jodhpur Metro (for short 'the (Downloaded on 06/10/2021 at 08:34:50 PM) (2 of 3) [CW-12728/2021] trial court') whereby, the trial court has closed the opportunity of the petitioner to file reply to the TI application.
Learned counsel for the petitioner has submitted that the trial court has committed illegality in passing the order dated 6.9.2021 while closing the opportunity of the petitioner of filing reply to the TI application. Learned counsel for the petitioner has submitted that the petitioner is ready to pay cost of Rs.11,000/- to the respondents.
Learned counsel for the respondents while opposing the writ petition has argued that since the trial court has not committed any illegality in passing the order dated 6.9.2021, no interference is warranted. Having heard learned counsel for the parties and after going through the material available on record, this Court feels that in the interest of justice, one opportunity can be granted to the petitioner to file reply to the TI application provided the petitioner pays the cost as per statement made by counsel for the petitioner. In view of the above, the order dated 6.9.2021 is set aside. The trial court is directed to allow the petitioner to file reply to the TI application on or before 12 th October, 2021 subject to the condition that the petitioner shall (Downloaded on 06/10/2021 at 08:34:50 PM) (3 of 3) [CW-12728/2021] deposit a cost of Rs.11,000/- before the trial court. The cost so deposited be disbursed to the respondents.
It is made clear that if the petitioner fails to file reply to the TI application along with the cost of Rs.11,000/- before the trial court on or before 12 th October, 2021, no further opportunity will be granted and the trial court will be free to proceed with the matter.
With these observations, this writ petition is disposed of.
Stay petition is also disposed of.
(VIJAY BISHNOI),J 184-msrathore/-
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