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2025 DAILYLAW 15566 (RAJ)

PRAKASH CHAND S/O SHRI MADAN LAL v. VASUDEV SHARMA S/O SHRI MADAN LAL

CW/5671/2025 · 2025-05-19

Vinod Kumar Bharwani

body2025

Judgment text

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[2025:RJ-JP:20907] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5671/2025 Prakash Chand S/o Shri Madan Lal, Aged About 60 Years, R/o Village Kushalpura, Tehsil And District Sikar (Raj.) ----Petitioner Versus 1. Vasudev Sharma S/o Shri Madan Lal, R/o Behind 10/29, Jail, New Housing Board, Shivsinghpura, Nawalgarh Road, Sikar, Tehsil And District Sikar (Raj.) 2. Ravikant Sharma Adopted Son Of Late Shri Rameshwar And Late Smt. Ramkori, R/o Vilage Kushalpura, Tehsil And District Sikar (Raj.) Through Power Of Attorney Prakash Chand Sharma S/o Shri Madan Lal Sharma, R/o Village Kushalpura, Tehsil And District Sikar (Raj.) 3. Smt. Timu @ Geeta W/o Shri Ramotar Sharma, Aged About 80 Years, R/o Near Todi Kui, Laxmangarh, District Sikar Through Power Of Attorney Pista Devi Sharma W/o Prakash Chandra Sharma, R/o Village Kushalpura Tehsil And District Sikar (Raj.) ----Respondents For Petitioner(s) : Mr. Chain Singh Rathore For Respondent(s) : HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 19/05/2025 The writ petition has been filed by the petitioner under Article 227 of the Constitution of India against the order dated 18.02.2025 passed by Civil Judge, Sikar, District Sikar (Raj.), in Civil Suit No.130/2014 C.I.S. No.1798/2014 whereby the application filed by the petitioner under Order 1 Rule 10 of C.P.C., was dismissed. [2025:RJ-JP:20907] (2 of 2) [CW-5671/2025] Learned counsel for the petitioner submits that the petitioner is a necessary party in the suit and Smt. Ramkori executed the sale deed dated 30.06.2000 in respect of disputed property in favour of Mr. Vasudev Sharma without dividing/partition of the same property. The petitioner also has a share in the property in question. Counsel further submits that the plaintiffs have filed a suit for declaring the sale deed dated 30.06.2000 as null and void. The petitioner has also prayed for declaration of the aforesaid sale deed as null & void. Heard learned counsel for the petitioner and perused the impugned order dated 18.02.2025 as well as plaint. 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. Hence, there is no scope for interference in the aforesaid order under the limited writ jurisdiction under Article 227 of the Constitution of India. Consequently, the present writ petition is dismissed. Pending application(s), if any, also stands disposed of. (VINOD KUMAR BHARWANI),J SAURABH /21