SMT. SONU SHARMA D/O MR. GAYAPRASAD SHARMA W/O MR. NARENDRA SHARMA v. SH. GAYAPRASAD SAHRMA S/O LATE SHRI JAGDISH PRASAD
CW/5610/2025 · 2025-06-30
Vinod Kumar Bharwani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12434 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12434 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:23780] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5610/2025 Smt. Sonu Sharma D/o Mr. Gayaprasad Sharma W/o Mr. Narendra Sharma, R/o 19A, Mayur Vihar, Near Rashtriya Vidya Mandir School, Nangal Jaisa Bohra, Jhotwara, Jaipur, Presently Residing At G-775, Gandhi Nagar, Jaipur, (Rajasthan) Through Authorized Representative Mr. Narendra Sharma. ----Petitioner Versus
1. Sh. Gayaprasad Sahrma S/o Late Shri Jagdish Prasad, R/o 19-A, Mayur Vihar, Near Rashtriya Vidyamandir School, Nangal Jaisa Bondra, Jaipur (Deceased During Suit).
2. Smt. Krishna Devi W/o Shri Prakash, R/o Village Tilpat, Choki Palla, Police Station Sarai, Tehsil And District Faridabad, Haryana. Current Residence 19-A, Mayur Vihar, Near Rashtriya Vidyamandir School, Nangal Jaisa Bohra, Jaipur.
3. Sh. Devendra Son Of Shri Prakash, R/o Village Tilpat, Choki Palla, Police Station Sarai, Tehsil And District Faridabad, Haryana. Presently Residing At 19-A, Mayur Vihar, Near Rashtriya Vidyamandir School, Nangal Jaisa Bohra, Jaipur.
4. Smt. Pinky Devi D/o Of Shri Gayaprasad W/o Shri Shyam Sharma, Resident Of Village Malikpur, Tehsil Chomu, Post Govindgarh, Jaipur
5. Jana Small Finance Bank Ltd., Registered Office Fairway Business Park, 10/1, 11/2 And 12/2B, Inside Ring Road, Ahead Of Embassy Golf Links, Challaghatta, Bangalore - 560071 (India), Through Cmd.
6. Jana Small Finance Bank Ltd., Regional Office 101, 102, First Floor, Guman Tower, Near National Handloom, Vaishali Nagar, Jaipur-302021, Rajasthan, Through Authorized Officer Pankaj Amit Singh. ----Respondents For Petitioner(s) : Mr. Yellop Singh Mr. Anuj Sharma
[2025:RJ-JP:23780] (2 of 3) [CW-5610/2025] HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order 30/06/2025
1. The instant writ petition has been filed by the petitioner under Article 227 of the Constitution of India against the order dated 03.03.2025 passed by learned Additional District & Sessions Judge, No.9, Jaipur Metro First.
2.
Learned counsel for the petitioner submits that the learned Trial Court, while conditionally allowing the application under
Order 7 Rule 14(3) of C.P.C. vide its order dated 24.02.2025
directed the petitioner to submit his own and one Mr. Murari Lal Gurjar's affidavit within seven days with regard to the correctness of document and to the extent that the document/allotment letter dt.05.02.1992 was given by Gaya Prasad to Murari Lal Gurjar. However, the petitioner could not file the affidavit as the brother of Murari Lal Gurjar met with an accident and the learned Court below vide its order dated 03.03.2025 kept the allotment letter dated 05.02.1992 in D-Part of file. Counsel further submits that the petitioner is ready to file affidavit in compliance of order dated 24.02.2025 and he sought two weeks' time to file the same. Therefore, the impugned order dated 03.03.2025 may be quashed & set aside and one more opportunity may also be granted to file affidavit.
3. Heard. Perused the orders dated 24.02.2025 & 03.03.2025 passed by learned Court below.
4. Looking to the overall facts & circumstances of the case and considering the submissions made at bar, the impugned order
[2025:RJ-JP:23780] (3 of 3) [CW-5610/2025] dated 03.03.2025 is hereby quashed & set aside. Two weeks' time is granted to the petitioner to file affidavit in compliance of order dated 24.02.2025 from the date of receipt of certified copy of this
order.
5. Consequently, the present writ petition is disposed of.
6. Pending application(s), if any, also stands disposed of.
(VINOD KUMAR BHARWANI),J SAURABH /25