Rajasthan High Court - Jodhpur
Praveen Vaishnav vs Smt. Krishna Mathur ... on 23 January, 2023
Bench: Nupur Bhati
[2023/RJJD/002068]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9896/2021
Praveen Vaishnav S/o Prabhu Lal Ji Vaishnav, Aged About 52
Years, B-205, Hiran Magri, Sector No. 14, Udaipur (Rajasthan).
----Petitioner
Versus
1. Smt. Krishna Mathur W/o Ashok Kumar Mathur, R/o - 31-
Rajshree Colony, Lane No. 3, Vinayak Nagar, Bohara,
Ganesh Ji Road, Udaipur (Rajasthan).
2. Mateshwari Property And Builders, Udaipur (Rajasthan)
Through Partner Mahendra Kumar S/o Bheru Lal Ji
Sarnot, R/o 109-Bapana Palace, Hazareswar Colony,
Udaipur (Rajasthan).
3. Rajmal Gancha S/o Ambalal Ji Gancha, 372, Teej Ka
Chowk, Udaipur (Rajasthan).
4. Mahendra Kumar S/o Bheru Lal Ji Sarnot, 2, Ga-15, Hiran
Magri, Sector No. 11, Udaipur (Rajasthan).
----Respondents
For Petitioner : Mr. Deependra Singh Shekhawat
For Respondents : Mr. Nitesh Mathur
HON'BLE DR. JUSTICE NUPUR BHATI
Judgment
23/01/2023
1. This writ petition had been preferred claiming the following
reliefs:-
"It is, therefore, most humbly and respectfully prayed
that the writ petition filed by the present petitioner may kindly
be allowed and by issuing an appropriate writ, order or
direction:-
i. The order dated 12.02.2021 (Annexure/4) pased by learned
Senior Civil Judge, Udaipur on application dated 06.03.2017, in
civil original suit number 83/2016, preferred by the defendant
number 4, may kindly be quashed and set aside.
[2023/RJJD/002068] (2 of 4) [CW-9896/2021]
ii. The application (Annexure/3) filed by the present petitioner/
defendant no. 4 may kindly be allowed and written statement
may kindly be taken on record.
iii. Any other appropriate writ, order or direction which this
Hon'ble Court deem just and proper in the fact and
circumstances of this case, may kindly be passed in favour of
the petitioner."
2. This writ petition assails the impugned order; whereby the
learned Court below rejected the application filed under Section
145 read with Section 151 C.P.C., preferred by the present
petitioner, seeking to take the written submissions on the record
in Civil Original Suit Number 83/2016, pending before learned
Senior Civil Judge, Udaipur.
3. Learned counsel for the petitioner places reliance on a order
passed by a Coordinate Bench of this Court in the case of Rajmal
Gancha v. Ashok Kumar and Ors. (S.B. Civil Writ Petition
No. 14407/2021) decided on 22.11.2021.
For the sake of brevity, the same is reproduced hereunder:-
"1. Heard learned counsel for the petitioner and perused the
material available on record.
2. Issue notice. Issue notice of the stay application also.
Notices be made returnable within a period of four weeks.
3. In the meanwhile, if on the next date, which is stated to be
01.12.2021, the petitioner pays a cost of Rs.5,000/- to the
plaintiff(respondent No.1 herein)/counsel for the respondent,
the written statement said to have been filed by the petitioner
shall be taken on record.
4. In case, the cost is not accepted by the plaintiffs/counsel
for the plaintiffs and he wants to contest the present writ
petition, he would move an application before the learned Trial
Court to this effect. In such event, further proceedings in Civil
[2023/RJJD/002068] (3 of 4) [CW-9896/2021]
Original Suit No.82/2016, pending before the learned Senior
Civil Judge, Udaipur, shall remain stayed.
5. It is made clear that on failure of the petitioner to make the
payment of costs of Rs.5,000/- by 01.12.2021, no further
opportunity shall be granted to the petitioner."
4. Learned counsel for the petition further submits that the
petitioner is willing to make payment of Rs. 5,000/- towards
cost and that the written submissions may be taken on the
record.
5. Learned counsel for the respondents opposes and submits
that the learned Court below rightly rejected the application
preferred by the petitioner, and that the impugned order is
good in the eye of the law.
6. Heard. Perused the record as well as the order cited at
the Bar.
7. This Court observes that the controversy in the present
writ petition is limited to taking the written submissions of the
petitioner on the record, in the Civil Original Suit Number
83/2016, pending before the learned Court below.
8. This Court is of the opinion that it would be in the interest
of justice to permit the petitioner to place his written
submissions on the record in the aforementioned suit pending
before the learned Court below, however after taking into due
consideration the overall facts and circumstances in the present
case, the same shall be subject to the condition that the
petitioner pays a sum of Rs. 10,000/- as cost, which shall be
paid to the respondent no. 1/ learned counsel for the
respondent within a period of one month from today.
[2023/RJJD/002068] (4 of 4) [CW-9896/2021]
9. In case, the cost is not accepted by the respondent
no.1/learned counsel for the respondent and he wants to
contest the same, he may move an application before the
learned Trial Court to this effect. In such event, further
proceedings in Civil Original Suit No.83/2016, pending before
the learned Senior Civil Judge, Udaipur, shall remain stayed.
10. It is made clear that on failure of the petitioner to make
the payment of costs of Rs. 10,000/- to the respondent no. 1/
learned counsel for the respondent within a period of one
month from today, then no further opportunity shall be granted
to the petitioner.
(DR.NUPUR BHATI),J
76-Sanjay/-
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