Nanda vs Smt. Sohani Bai And Ors
2021 Latest Caselaw 17950 Raj

                                            (1 of 2)                [CW-641/2016]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                 S.B. Civil Writ Petition No. 641/2016

Nanda
                                                                   ----Petitioner
                                    Versus
Smt. Sohani Bai And Ors
                                                                 ----Respondent


For Petitioner(s)         :     Mr. AK Babel
For Respondent(s)         :     Mr. Sandeep Saruparia



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

29/11/2021

     Learned counsel for the parties jointly submit that in the

present case, Section 42(1) of the Rajasthan Stamp Act, 1998

shall operate.

     Learned counsel for the parties further submit that it is a

settled law in light of the judgment of the Hon'ble Apex Court in

the matter of Yellapu Uma Maheshwari & Anr. Vs. Buddha

Jagadheeswararao & Ors. reported in 2015 DNJ (SC) 1018 as

well as Coordinate Bench of this Court in the matter of Bhawana

& Ors. Vs. Chandmal (S.B. Civil Writ Petition No.14104/2013),

decided on 12.11.2014.

     With the consent of the parties, the document be impounded

by the Civil Court and the nature and duty of the document shall

also be decided thereafter.

     In view of the above, the present petition is disposed of

while directing the learned trial Court to decide the application of

the petitioner afresh in light of the aforesaid observation.


                     (Downloaded on 01/12/2021 at 08:56:17 PM)
                                                                              (2 of 2)             [CW-641/2016]



                                        It shall be open for the petitioner to contest the admissibility

                                   of the document before the learned trial Court.

                                        Stay petition as well as all pending applications also stand

                                   disposed of accordingly.

                                                                (DR.PUSHPENDRA SINGH BHATI),J.

86-Sudheer/-

Powered by TCPDF (www.tcpdf.org)