Ramkishore Goswami Son Of Late ... vs Mandir Shri Ladli Ji, Ramganj ...
2022 Latest Caselaw 6677 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 13903/2021

Ramkishore Goswami Son Of Late Shri Jugal Kishore Goswami
                                                                   ----Petitioner
                                    Versus
Mandir Shri Ladli Ji, Ramganj Bazar
                                                                 ----Respondent

For Petitioner(s) : Mr. Ravi Bhansali, Senior Advocate with Mr. Raunak Singhvi, Adv., Mr. Dhanesh Saraswat, Adv.

For Respondent(s) : Mr. R.B. Mathur, Senior Advocate with Mr. Dheeraj Kumar Palia, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

14/10/2022

Learned Senior Advocate-Mr. Ravi Bhansali, submitted that

issue involved in the present writ petition is in respect of scope of

Order 39 Rule 4 of CPC and as such, he relied upon the judgment

passed by the High Court of Madhya Pradesh (Jabalpur Bench) in

the case of Ravishankar and Ors. Vs. VIIth Additional

District Judge and Ors. (Misc. Petn. No.245/1990) (Full

Bench Judgment), decided on 31.01.1994.

Learned Senior Advocate-Mr. R.B. Mathur on the contrary

relied upon the judgment passed by the Calcutta High Court in the

case of Dover Park Builders Pvt. Ltd. and Others Vs. Smt.

Madhuri Jalan and Other (AIR 2003 Calcutta 55).

Learned Senior Advocates appearing for the parties further

want time to address the issue and also want to bring the relevant

case law, as well.

(2 of 2) [CW-13903/2021]

List on 18.11.2022. In the meanwhile, interim order, if any,

to continue.

This Court also makes it clear that any other learned

counsel, who is interested in arguing the matter with respect to

scope of Order 39 Rule 4 of CPC, is always free to make

submissions.

(ASHOK KUMAR GAUR),J

Ramesh Vaishnav /86

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