Samudra Singh S/O Shri Ratan Singh vs Virendra Singh S/O Shri Samudra ...
2021 Latest Caselaw 1008 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             S.B. Civil Revision Petition No. 131/2019

Samudra Singh S/o Shri Ratan Singh, Aged About 68 Years, At
Present Residing At 3/635, Near Shri Agrasen School, Goalpura
Road, Ashok Vihar, Subhash Nagar, Bharatpur Rajasthan.




                                                     ----Petitioner/Defendant


                                   Versus


Virendra Singh S/o Shri Samudra Singh, R/o 3/635, Near Shri
Agrasen School, Goalpura Road, Ashok Vihar, Subhash Nagar,
Bharatpur Rajasthan.
                                                         ----Respondent/Plaintiff

For Petitioner(s) : Ms. Anita Agarwal For Respondent(s) : Mr. Manoj Bharadwaj

HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

Order

30/01/2021

After arguing at some length, learned counsel for the

petitioner does not want to press this revision petition.

The Civil Revision Petition is dismissed as not pressed.

However, it would be open for the petitioner to move an

application before the trial Court for framing of issues in the light

of judgment passed by this Court on 8.1.2008 in Hawaldar Birda

Ram Burdak vs. Mohan Lal to the extent that the transaction in

question is Benami and the transaction is hit by the provisions of

(2 of 2) [CR-131/2019]

Benami Transaction Prohibition Act, 1988. If such issue is framed,

the trial Court may decide the issue as preliminary issue.

It is needless to say that if petitioner files any such

application before the trial Court, it is expected from the trial

Court to decide the same in accordance with law.

(GOVERDHAN BARDHAR),J

Dheeraj /61

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