Mahipal Singh vs Achal Singh
2022 Latest Caselaw 5222 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4118/2022

Mahipal Singh S/o Late Dalpat Singh, Aged About 42 Years, By Caste Rajput, R/o House No. 173, Hanwant A B.j.s. Colony, Jodhpur.

----Petitioner Versus

1. Achal Singh S/o Late Ugam Singh, By Caste Rajput, R/o House No. 36, Vishnu Nagar, Digari Kalla, Jodhpur.

2. Smt. Lakshman Kanwar W/o Bhanwar Singh D/o Late Ugam Singh, By Caste Bhati Rajput, R/o Badla Basni, Teh. Osia, Dist. Jodhpur.

3. Smt. Uchhab Kanwar W/o Hanuman Singh D/o Late Ugam Singh, By Caste Bhati Rajput, R/o Badla Basni, Teh. Osia, Dist. Jodhpur.

4. Umeed Singh S/o Late Ugam Singh, By Caste Rajput, R/o Danwara, Teh. Osian, Dist. Jodhpur.

5. Smt. Kamla Kanwar W/o Late Dalpat Singh, By Caste Rajput, R/o House No. 173, Hanwant A B.j.s. Colony, Jodhpur.

6. Pintu Singh S/o Late Dalpat Singh, By Caste Rajput, R/o House N. 173, Hanwant A B.j.s. Colony, Jodhpur.

7. Smt. Neeru Kanwar D/o Lat Dalpat Singh W/o Sumer Singh, By Caste Bhati Rajput, R/o Binjawariya, Teh. Tiwari, Dist. Jodhpur. At Present House No. 84, Padmawati Nagar, Magra Punjala, Near Railway Line, Khokhariya Road, Jodhpur.

----Respondents

For Petitioner(s) : Mr. P.R.S. Balot

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

07/04/2022

Learned counsel for the petitioner has submitted that one

last opportunity may be granted to the petitioner to produce his

(2 of 2) [CW-4118/2022]

evidence defence. It is also submitted that the petitioner is ready

to pay reasonable cost to the respondent-plaintiffs for the same.

Issue notice. Issue notice of stay petition also.

Notices are made returnable on 09.05.2022.

Meanwhile, if on the next date fixed by the trial court i.e.

20.04.2022, the petitioner pays a cost of Rs.10,000/- to the

plaintiff-respondent Nos.1 to 3, he is granted last opportunity to

produce his defence evidence. It is made clear that on

20.04.2022, the petitioner shall keep his defence evidence ready

along with the affidavit.

In case, the cost of Rs.10,000/- is not accepted by the

respondent-plaintiff Nos.1 to 3 or their counsel and they want to

contest the case, they would move an appropriate application

before the trial court to this effect.

In that event, further proceedings in Civil Suit No.36/2016

pending in the court of Additional District and Sessions Judge

No.3, Jodhpur Metro, Jodhpur shall remain stayed till next date.

It is made clear that if the petitioner fails to pay the cost of

Rs.10,000/- or to produce his defence evidence on 20.04.2022

before the trial court, no further opportunity shall be granted to

him.

(VIJAY BISHNOI),J 146-mohit/-

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