Lrs Of Dayanand vs Manager, Madarsa Ramzaniya ...
2021 Latest Caselaw 19075 Raj

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
              S.B. Civil Writ Petition No. 17323/2019

1.      Lrs Of Dayanand, Through His Legal Representatives-
2.      Smt. Yashnandani Vaishnav D/o Late Dayanand Ji Tilawat
        W/o Praveen Chandra Vaishnav, Aged About 50 Years, R/o
        Rampratap Bhawan, Mochiyo Ki Gali, Gasmandi, Jodhpur.
3.      Smt. Lalita Vaishnav D/o Late Shri Dayanand Ji Tilawat
        W/o Govind Prasad Vaishnav, Aged About 47 Years, R/o
        Rampratap Bhawan, Mochiyo Ki Gali, Gasmandi, Jodhpur.
4.      Dhananjay Tilawat S/o Late Dayanand Ji Tilawat, Aged
        About 45 Years, R/o Rampratap Bhawan, Mochiyo Ki Gali,
        Gasmandi, Jodhpur.
5.      Bhuvneshwar Tilawat S/o Late Dayanand Ji Tilawat, Aged
        About 45 Years, R/o Rampratap Bhawan, Mochiyo Ki Gali,
        Gasmandi, Jodhpur.
6.      Smt. Pushpa Tilawat W/o Late Dayanand Ji Tilawat, Aged
        About 69 Years, R/o Rampratap Bhawan, Mochiyo Ki Gali,
        Gasmandi, Jodhpur.
                                                                 ----Petitioners
                                   Versus
Manager, Madarsa Ramzaniya Islamiya Taalimulkuan, Mochiyo Ki
Gali, Gasmandi, Jodhpur.
                                                                ----Respondent


For Petitioner(s)        :     Mr. Firoz Khan
For Respondent(s)        :     Mr. Anirudh Purohit



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

15/12/2021

      The petitioners have preferred the present petition claiming

the following relief:-
          "It is, therefore, most humbly and respectfully
     prayed that this writ petition may kindly be allowed and
     by an appropriate writ, order or direction, the judgment


                    (Downloaded on 17/12/2021 at 08:42:05 PM)
                                                                            (2 of 2)                      [CW-17323/2019]


                                       dated 09.08.2019 passed by learned Civil Judge and
                                       Metropolitan Magistrate, Jodhpur Metropolitan in Civil
                                       Original Case No.29/2016 (148/2016) may kindly be
                                       quashed and set aside and rejoinder submitted by the
                                       petitioner may kindly be taken on record.

                                        Learned counsel for the petitioners submits that in the

                                   rejoinder, there was new facts, which were required to be

                                   addressed and thus, the rejoinder was required to be taken on

                                   record.

                                        Learned     counsel    for     the     respondent          has     shown    the

                                   application of Order 8 Rule 9 of CPC, which does not disclose any

                                   reasons why the rejoinder has to be taken on record.

                                        Heard learned counsel for the parties and perused the record

                                   of the case.

                                        The impugned order does not call for any interference and

                                   has rightly been passed by the learned court below, as the

                                   petitioner was required to give proper reason, in case he wanted

                                   to have taken on record the rejoinder.

                                        The present petition is accordingly dismissed, however, in the

                                   interest of justice, the petitioner is permitted to file one more

                                   application under Order 8 Rule 9 of CPC giving the details and the

                                   reasons why the rejoinder needs to be taken on record. In case,

                                   the such application is filed by the petitioner, the same shall be

                                   dealt with by learned court below, strictly in accordance with law.

                                        Stay petition as well as all pending applications also stand

                                   dismissed accordingly.

                                                                 (DR.PUSHPENDRA SINGH BHATI),J.

192-Sudheer/-

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