Raju Ram vs Mangla Ram
2021 Latest Caselaw 15449 Raj

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

(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

(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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