Ravi Shanker And Ors vs Shri Dhaman Das (2024:Rj-Jp:5127)
2024 Latest Caselaw 718 Raj/2

Rajasthan High Court

Ravi Shanker And Ors vs Shri Dhaman Das (2024:Rj-Jp:5127) on 31 January, 2024

Author: Mahendar Kumar Goyal

Bench: Mahendar Kumar Goyal

[2024:RJ-JP:5127]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                    S.B. Civil Writ Petition No. 6412/2017

1.       Ravi Shanker Son Of Shri Gopal Chand Ji, House No.
         569/27, Churri Wali Gali, Beawar Road, Ramgunj, Ajmer,
         Rajasthan          Since     Deceased           Through      Their   Legal
         Representatives-
1/1.     Smt. Lata Sharma Wife Of Late Shri Ravi Shanker, House
         No. 569/27, Churri Wali Gali, Beawar Road, Ramgunj,
         Ajmer, Rajasthan
1/2.     Shri Mayank Sharma Son Of Late Shri Ravi Shanker, Aged
         17 Years Minor Through His Natural Guardian, House No.
         569/27, Churri Wali Gali, Beawar Road, Ramgunj, Ajmer,
         Rajasthanson Of Deceased
                                                       ----Defendant/Petitioners
                                       Versus
Shri Dhaman Das Son Of Shri Shiwan Das, aged about 74 years,
618/27, Ramgunj, Ajmer, Rajasthan.
                                                                     ----Respondent

For Petitioner(s) : Mr. Manoj Bhardwaj For Respondent(s) : Mr. R.K. Mathur, Sr. Adv. with Mr. Aditya Mathur

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment / Order

31/01/2024

Although, the matter comes up on an application

No.24489/2019 filed by the petitioners for passing speaking order

on the stay application; however, this writ petition is being

disposed of in following terms as agreed and requested by the

learned counsel for the petitioners and the learned Senior Counsel

for the respondent/plaintiff (for short "the plaintiff"):-

[2024:RJ-JP:5127] (2 of 2) [CW-6412/2017]

1. The order dated 20.03.2017 passed by the learned Additional District Judge No.4, Ajmer (for brevity "the learned trial Court") in Civil Suit No.26/2012 (CIS No.4027/2014) is quashed and set aside.

2. The matter is remanded back to the learned trial Court to decide the application filed by the plaintiff under Section 65 of the Indian Evidence Act, 1872 (hereinafter referred to as "the Act of 1872") afresh in accordance with law vide a reasoned and speaking order without being influenced by the liberty granted to the plaintiff to file an application under Section 65 of the Act of 1872 vide order dated 06.10.2012.

Pending application also stands disposed of.

(MAHENDAR KUMAR GOYAL),J

Manish/95

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