[2025:RJ-JP:21778] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6423/2025 Kunal Tiwari S/o Shambhu Prasad Sharma, Resident Of Q Number L 55 Acc Colony, Ward No. 10, Bottom, Lakheri, Bundi (Raj.) ----Petitioner Versus 1. Kistoor Chand Sharma S/o Late Shri Ramsahai Sharma, Resident Of Ward No. 3, Near Kalyan Ji Mandir, Gangapurcity Tehsil Gangapur City, District Gangapurcity (Deceased) 1/1. Brijnanadan Jaimini S/o Kistoor Chand Jaimini, Resident Of Ward No. 3, Near Kalyan Ji Mandir, Gangapurcity Tehsil Gangapur City, District Gangapurcity 1/2. Nirmala Sharma W/o Shri Ashok Kumar Sharma D/o Late Shri Kistoorchand Sharma, Resident Of Opposite Sandaya Bhawan, Sawai Madhopur (Raj.) 1/3. Smt. Suman Devi W/o Shri Gopal Swaroop Principal D/o Shri Kistoor Chand, Aged About 55 Years, Resident Of Near Tehsil Haza Chowk, Bonli, Tehsil Bonli, District Sawai Madhopur (Raj.) At Present Resident Of Plot No. 33, Sahu Colony, Near Jecrc College, Tonk Road, Sitapura, Jaipur (Raj.) 2. Nagar Parishad, Gangapurcity, Through Commissioner. 3. Sabhapati, Nagar Parishad, Gangapurcity. 4. Sub-Registrar, Gangapurcity 5. State Of Rajasthan, Through Collector, Sawai Madhopur. 6. Smt. Asha Sharma W/o Late Shri Dinesh Kumar Jaimini, Resident Of Ward No. 3, Near Kalyan Ji Mandir, Gangapurcity Tehsil Gangapur City, District Gangapurcity (Deceased) ----Respondents For Petitioner(s) : Mr. Suresh Pareek, Sr. Adv. Assisted by Mr. Nachiketa Pareek For Respondent(s) : HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 23/05/2025 1. The instant writ petition has been filed by the petitioner under Article 227 of the Constitution of India against the order [2025:RJ-JP:21778] (2 of 3) [CW-6423/2025] dated 16.04.2025 passed by the Court of learned Additional Civil Judge No.1, Gangapur City, Sawaimadhopur (Rajasthan), in Civil Suit No.24/2016, whereby the application filed by the present petitioner for summoning the witness(es), was dismissed. 2. Learned counsel for the petitioner submits that during the pendency of the civil suit, the respondent No.6, namely Smt. Asha Sharma, has expired and on her behalf, the present petitioner was impleaded as a party respondent No.6 in the matter. Learned counsel further submits that the present petitioner filed an application for summoning the witness, namely Prahlad Mali S/o Satyanarayan Mali, who notarized the Will dt.22.02.2024, but the same was dismissed by the learned Trial Court vide order dated 16.04.2025. Learned counsel further submits that the present petitioner, Kunal Tiwari, was not a party in the original suit but he has been substituted in place of deceased respondent No.6, Asha Sharma, after being named by her in the aforesaid Will. Learned counsel also submits that the name of the aforesaid witness was not mentioned in the witness-list, because the Will was not available on the record at that time. 3. Heard learned Senior Counsel for the petitioner and perused the material available on record, more particularly the impugned order dated 16.04.2025. 4. It is clear from the record that the name of the present petitioner has been substituted only because of his name being mentioned in the Will dt.22.02.2024 of deceased-respondent No.6, Asha Sharma. 5. Looking to the overall facts & circumstances of the case and considering the submissions made by learned counsel at bar, the [2025:RJ-JP:21778] (3 of 3) [CW-6423/2025] present civil writ petition is partly allowed to the extent that the petitioner may present the aforesaid witness, namely Prahlad Mali, who notarized the Will dt.22.02.2024, as a hearing witness before the learned Trial Court. 6. In view of the above, the writ petition stands disposed of. 7. Pending application(s), if any, also stands disposed of. (VINOD KUMAR BHARWANI),J SAHIL SONI /28