Islamuddin vs Smt Meena Begam And Anr
2022 Latest Caselaw 1106 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 1706/2018

Islamuddin
                                                                  ----Petitioner
                                   Versus
Smt Meena Begam And Anr
                                                                ----Respondent

For Petitioner(s) : Mr. Hemant Kumar Sharma (through VC) For Respondent(s) : Mr. R.B Sharma Ganthola (through VC)

HON'BLE MR. JUSTICE SAMEER JAIN

Order

28/01/2022

Learned counsel for the respondent has filed one application

to vacate the stay order dated 19.02.2018, inspite of fact that

vide order dated 07.01.2022 an adjournment was granted on

account of his illness, today, again the petitioners counsel

requesting adjournment of the matter. The matter involves very

short controversy on admissibility of documents, the application

filed under Order 41 Rule 27 CPC was rejected by the learned trial

Court. Interim order dated 19.02.2018 is in currency whereby the

trial proceedings are stayed.

Learned counsel for the respondent submitted that it is only

delaying tactics. The application is not justified. The request for

relevancy of the documents, the delay is not explained that's why

in the suit of year 2009, documents are submitted in the year

2017. He further submits that on perusal of the application, it

cannot be analyzed that when father of the petitioner had died

(2 of 2) [CW-1706/2018]

why the documents were not presented in time, why and what is

the relevancy of the said documents. The learned trial Court has

also given justified reasons.

While entertaining the writ petitions under Article 227 of the

Constitution of India, this Court has a very limited scope. No error

on the face of record is highlighted by the counsel for the

petitioner, he submits that some suits were decided in favour of

the petitioner, the father of the petitioner has died, the box in

which their documents were lying were opened and traced out in

the year 2017, if the learned trial Court would have analyzed the

documents only then the relevancy would have been

apprehended.

In the facts and circumstances, in the light of judgment of

Apex Court titled as Asian Resurfacing of Road Agency Pvt.

Ltd. & Anr. Vs. Central Bureau of Investigation reported in

(2018) 16 SCC 299, we are not inclined to extend the interim

order dated 19.02.2018.

The application (I.A. No.1/2020) stands disposed of.

List the matter on 28.02.2022.

(SAMEER JAIN),J

Arun/15

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