VIMAL BAIRWA S/O RAMGOPAL v. RAMGOPAL S/O SHRI BHAWANA
CW/6048/2025 · 2025-05-02
Vinod Kumar Bharwani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13652 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13652 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:18560] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6048/2025
1. Vimal Bairwa S/o Ramgopal, Aged About 42 Years, R/o Ward No. 14, Sumerganjmandi, At Present Working As Branch Manager Bank Of Baroda, Branch Kurgaon, District Karauli.
2. Mayuri W/o Vimal Bairwa, R/o Kurgaon, District Karauli. ----Petitioners Versus
1. Ramgopal S/o Shri Bhawana, Aged About 77 Years, R/o Ward No. 14, Sumerganjmandi, Tehsil Indragarh, District Bundi (Raj.)
2. Geetabai W/o Ramgopal, Aged About 70 Years, R/o Ward No. 14, Sumerganjmandi, Tehsil Indragarh, District Bundi
3. Mahendra Bairwa S/o Ramgopal, Aged About 34 Years, R/o Ward No. 14, Sumerganjmandi, Tehsil Indragarh, District Bundi
4. Manish Bairwa D/o Ramgopal, Aged About 36 Years, R/o Ward No. 14, Sumerganjmandi, Tehsil Indragarh, District Bundi
5. Sub-Registrar, Sub-Registrar Office, Tehsil Indragarh, District Bundi (Raj.) ----Respondents For Petitioner(s) : Mr. J.K. Moolchandani with Ms. Anupama Dhamania For Respondent(s) :
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order 02/05/2025
1. The present civil writ petition under article 227 of the Constitution of India has been preferred by the petitioners against the order dated 12.03.2025 passed by the Court of learned Civil Judge, Indragarh, District Bundi in Civil Suit No.02/2024, whereby
[2025:RJ-JP:18560] (2 of 3) [CW-6048/2025] the application filed on behalf of the respondents for impounding the donation deed and power of attorney, has been allowed and the objection of the petitioners were rejected.
2.
Learned counsel for the petitioners submits that on the basis of the pleadings of the parties in the suit, learned Trial Court framed total 8 issues in the matter. Thereafter, the respondents moved an application under Section 39 of the Rajasthan Stamps Act for sending the donation deed & power of attorney dated 14.12.2012 to the Inspector General, Registration & Stamp Collector, Kota, for impounding the aforesaid documents. Learned counsel further submits that after hearing both the parties, the learned Trial Court, without properly considering the facts & circumstances of the case, allowed the application filed on behalf of the respondents by rejecting the objections of the petitioners vide its order dated 12.03.2025. Therefore, in view of the
submissions made herein-above, the present writ petition may be allowed and the impugned order dated 12.03.2025 be quashed & set aside.
3. Heard learned counsel for the petitioners & gone through the impugned order dated 12.03.2025 and the other material available on record.
4. Perusal of the impugned order dated 12.03.2025 reveals that the learned Trial Court allowed the application filed by the respondents under Section 39 of the Rajasthan Stamps Act for sending the donation deed & power of attorney dated 14.12.2012 to the Inspector General, Registration & Stamp Collector, Kota, for impounding the aforesaid documents and rejected the only
[2025:RJ-JP:18560] (3 of 3) [CW-6048/2025] objection of the petitioners that the said application has been filed with a delay.
5. The Learned Trial Court, after considering all the facts, has passed a reasoned order, which is just & proper. No illegality, infirmity or error has been committed by the learned Trial Court in the aforesaid order dated 12.03.2025. Hence, there is no scope for interference in the aforesaid order in the limited writ jurisdiction under Article 227 of the Constitution of India.
6. Consequently, the present writ petition is dismissed.
7. Pending application(s), if any, also stands disposed of.
(VINOD KUMAR BHARWANI),J SAHIL SONI /36