Khaleel Ahmed vs Smt. Rehmat Bano
2021 Latest Caselaw 17210 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15911/2021

1. Khaleel Ahmed S/o Ali, Aged About 61 Years, By Caste Dhobi, R/o Katla-Bas, Didwana (Dist. Nagaur).

2. Mohd. Saleem S/o Ali, Aged About 57 Years, By Caste Dhobi, R/o Katla Bas, Didwana (Dist. Nagaur).

3. Mohd. Shakkeel S/o Ali, Aged About 39 Years, By Caste Dhobi, R/o Katla Bas, Didwana (Dist. Nagaur).

----Petitioners Versus

1. Smt. Rehmat Bano W/o Abdul Hakeem, Aged About 44 Years, By Caste Dhobi, R/o Near Bawri, Salt Road, Didwana (Dist. Nagaur)

2. Smt. Mafia W/o Ali, Aged About 76 Years, By Caste Dhobi, R/o Katla Bas, Didwana (Dist. Nagaur).

3. Smt. Niamat W/o Safi, Aged About 47 Years, By Caste Dhobi, R/o Near Bangur Bank, Sadar Bazar, Didwana (Dist. Nagaur).

4. Smt. Husan Bano W/o Magnuddin, Aged About 62 Years, By Caste Dhobi, R/o Inside Deen-Darwaja, Didwana (Dist. Nagaur).

----Respondents

For Petitioner(s) : Mr. Shubhankar Johri

JUSTICE DINESH MEHTA

Order

17/11/2021

1. Challenging the order dated 27.09.2021 whereby

respondents' application under Section 45 of the Evidence Act has

been allowed, Mr. Johri, learned counsel for the petitioners

submits that identical application filed by the respondents had

been dismissed by the trial Court vide its order dated 16.11.2017,

and thus, the trial Court by way of the impugned order could not

(2 of 2) [CW-15911/2021]

have allowed the application, which was filed practically on the

same ground.

2. Learned counsel submits that principles of res judicata

equally applies to the interlocutory applications, while relying

upon judgment of Hon'ble the Supreme Court rendered in case of

Arjun Singh Vs. Mohindra Kumar (AIR 1964 SC 993) followed by

this Court in S.B. Civil Transfer Application No.149/2017 decided

on 16.01.2018..

3. Matter requires consideration.

4. Issue notice. Issue notice of stay application also, returnable

within six weeks.

5. Meanwhile, effect and operation of the order dated

27.09.2021 shall remain stayed.

(DINESH MEHTA),J 57-Amar/-

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