Rajasthan High Court - Jodhpur
Sushil Kumar Dammani vs Smt. Ratan Devi on 18 May, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6460/2022
Sushil Kumar Dammani S/o Late Jagannath, Aged About 89
Years, Jasolai Talai Park, Near Gopinath Bhawan Bikaner.
----Petitioner
Versus
1. Smt. Ratan Devi W/o Chander Kumar @ Rajkumar
Damani, Inside Eidgah Bari, Pediwal Lane, Bikaner.
2. Smt. Gavara Devi W/o Late Prem Narayan, By Caste
Daga, Resident Of 2129, Sigma Construction 3Rd Floor,
12Th Road, Annanagar (East) Chennai - 40.
3. Praveen Kumar S/o Late Prem Narayan, By Caste Daga,
Resident Of 2129, Sigma Construction 3Rd Floor, 12Th
Road, Annanagar (East) Chennai - 40.
4. Praful Kumar S/o Late Prem Narayan, By Caste Daga,
Resident Of 2129, Sigma Construction 3Rd Floor, 12Th
Road, Annanagar (East) Chennai - 40.
5. Jayshree Rathi W/o Narayan Das, By Caste Rathi,
Resident Of Magent Apartment Flat No.703, 177/2 P H
Road, Kila Pouk, Chennai
6. Madan Mohan Damani S/o Sushil Kumar Damani, 113,
Jawahar Nagar, Behind M M Ground Bikaner.
7. Brij Mohan S/o Sushil Kumar Dammani, Jasolai Talai Park,
Near Gopinath Bhawan Bikaner.
8. Shree Mohan S/o Sushil Kumar Dammani, Kapoor Towers,
No.-4 Cooperative Housing Society, Jesal Park, Bhayandar
Mumbai.
9. Hari Mohan S/o Sushil Kumar Dammani, Jasolai Talai
Park, Near Gopinath Bhawan Bikaner.
10. Krishna Devi W/o Suresh Chandra, By Caste Taparia
Resident Of 502, Happy Valley, Ghorbander Road, Thane
Maharashtra.
11. Savita Devi W/o Banshilal, By Caste Bagri Resident Of 7,
Geguraman Street, Sahukar Peth Chennai.
12. Sunita Devi W/o Sushil Kumar, By Caste Jhawar Resident
Of 66, Bharat Mahal, 86, Marine Drive Mumbai.
13. Rameshwari Devi W/o Kaluram, By Caste Poonia Resident
Of Khajuwala, Tehsil Khajuwala, District Bikaner.
(2 of 3) [CW-6460/2022]
14. Sharda Saran W/o Jagdish, Pareek Chowk, Bikaner.
15. Birma Devi W/o Jagdish, By Caste Poonia Resident Of
Khajuwala, Tehsil Khajuwala, District Bikaner.
16. Kaluram S/o Motaram, By Caste Poonia Resident Of
Khajuwala, Tehsil Khajuwala, District Bikaner.
17. Jetha Ram S/o Labhuram, By Caste Saran Resident Of
Pareek Chowk, Bikaner.
18. Jagdish Pooniya S/o Kaluram, Khajuwala, Tehsil
Khajuwala, District Bikaner.
19. Kailash Dudi S/o Annaram, By Caste Dudi, Resident Of
Jawahar Nagar, Bikaner.
20. Vijay Dudi S/o Annaram, Jawahar Nagar, Bikaner.
21. M/s Mayoor Promoters Pvt. Ltd., Regd. Off No.6 Hans
Pokaria Lane, 1St Floor, Kolkata - 70007, Branch Office
No. 359, Main Street, First Floor, Chennai - 60079
----Respondents
For Petitioner(s) : Mr. Sharad Kothari
For Respondent(s) : Mr. Nishank Madan
Mr. Narendra Thanvi
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
18/05/2022
This writ petition is filed by the petitioner being aggrieved
with the order dated 05.04.2022 whereby, the Addl. Distt. Judge
No.2, Bikaner has dismissed the application preferred on behalf of
the petitioner for granting him opportunity to adduce his evidence.
The brief facts of the case are that the respondent No.1 has
filed a suit for partition in the court of the Additional District Judge
No.2, Bikaner, which is pending consideration. The petitioner is
defendant No.21 in the said suit and his opportunity of producing
evidence was closed by the trial court vide order dated
16.02.2022. In the meantime, the evidence of the plaintiff was
(3 of 3) [CW-6460/2022]
closed by the trial court, against which, plaintiff - Ratan Devi
approached this Court by way of filing S.B. Civil Writ Petition
No.16094/2021 and in that petition, this Court has granted last
opportunity to the petitioner to adduce her evidence before the
trial court on the next date of hearing.
Pursuant to the directions given by this Court, plaintiff -
Ratan Devi appeared before the trial court and her evidence was
concluded.
At this stage, the petitioner has moved an application
claiming that since evidence of palintiff - Ratan Devi is opened, he
may be allowed to adduced his evidence. The trial court has
dismissed the said application vide impugned order.
Having heard learned counsel for the parties and keeping in
view the order passed by this Court in SB Civil Writ Petition
No.3493/2021 decided on 24.02.2021 whereby, this Court has
directed to decide the suit within a period of one year from the
date of receipt of certified copy of the order and taking into
consideration the fact that immediately after passing of the order
dated 16.02.2022, whereby the opportunity to the petitioner to
adduce evidence is closed, the petitioner has not requested the
trial court to grant him opportunity to adduce evidence, I do not
find any illegality in the impugned order passed by the trial court.
Hence, this writ petition is dismissed.
Stay petition also stands dismissed.
(VIJAY BISHNOI),J
70-mohit/-
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