Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 10518 (RAJ)

BUDHILAL SHARMA SON OF KISHAN SINGH v. ASHOK SON OF RAMESH CHAND

CW/4787/2019 · 2025-01-03

Narendra Singh Dhaddha

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4787/2019 Budhilal Sharma Son Of Kishan Singh, Aged About 70 Years, Resident Of Gram Dhanwada, Tahsil-Kumer, District Bharatpur (Senior Citizen) ----Petitioner Versus 1. Ashok Son Of Ramesh Chand, Aged About 50 Years, Resident Of Gram Dhanwada, Tahsil Kumer, District Bharatpur. 2. Kalicharan Son Of Ramesh Chand, Aged About 42 Years, Resident Of Gram Dhanwada, Tahsil Kumer, District Bharatpur. 3. Laxman Son Of Ramesh Chand, Aged About 40 Years, Resident Of Gram Dhanwada, Tahsil Kumer, District Bharatpur. 4. Bhupendra Son Of Ramesh Chand, Aged About 38 Years, Resident Of Gram Dhanwada, Tahsil Kumer, District Bharatpur. 5. The Rahasthan Government, Through District Collector, Bharatpur. 6. Tahsildar Kumher, Tahsil Kumber, District Bharatpur. 7. Secretary, Gram Panchayat Dhanwada, Panchayat Sammiti Kumher, District Bharatpur. 8. Bijendra Singh Contractor, Resident Of Gram Peechumar, Tahsil Kumher, District Bharatpur. ----Respondents For Petitioner(s) : Mr. Vaibhav Pancholia, Adv. For Respondent(s) : Mr. Manoj Kumar, Adv. on behalf of Mr. Ashish Joshi, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 03/01/2025 (2 of 2) [CW-4787/2019] The instant petition has been filed by the petitioner- plaintiff(for short ‘the plaintiff’) against the order dated 14.02.2019 passed by the Additional District Judge No.2, Bharatpur (for short ‘the appellate court’) in Civil Miscellaneous Appeal No.17/2017, whereby the appellate court while dismissing the appeal filed by the plaintiff, affirmed the order dated 18.08.2017 passed by the Senior Civil Judge, Kumher, District Bharatpur (for short ‘the trial court’), whereby the trial court dismissed the plaintiff-applicant’s application under Order 39 Rule 1 and 2 read with Section 151 CPC. Taking into consideration the facts and circumstances of the present case and more particularly in view of the fact that the suit was filed before the trial court in the year 2017, thereafter 7 years have been passed. Instead of interfering with the impugned orders, I dispose of civil writ petition with a direction to the trial court to decide the suit, if pending with it, expeditiously, in accordance with Law. Registry is directed to send a copy of this order to the concerned trial court forthwith for information and compliance. Pending application(s), if any, also stand(s) disposed of. (NARENDRA SINGH DHADDHA),J Gourav/91