Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 17293 (RAJ)

SHIVDEVI D/O SHRI SAHAB SINGH W/O SHRI HEERA SINGH v. DASHRATH S/O MAN SINGH

CW/6649/2025 · 2025-05-02

Vinod Kumar Bharwani

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:18558] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6649/2025 Shivdevi D/o Shri Sahab Singh W/o Shri Heera Singh, R/o Sainik Nagar Rajpur Chungi Agra (Uttarpradesh) Since Deceased Through Her LRs Bablu @ Mahipal S/o Heera Singh Age About 50 Years Old R/o Sainik Nagar Rajpur Chungi, Agra (Uttarpradesh) ----petitioner-defendant Versus 1. Dashrath S/o Man Singh, R/o Salempur Kalan Tehsil Bhusawar District Bharatpur 2. Vishnu S/o Man Singh, R/o Salempur Kalan Tehsil Bhusawar District Bharatpur 3. Bhagwani Widow Man Singh, R/o Salempur Kalan Tehsil Bhusawar District Bharatpur 4. Devendri D/o Man Singh W/o Balveer, R/o Salempur Kalan At Present R/o Bharkau Tehsil Nadbai District Bharatpur 5. Rajesh S/o Man Singh W/o Roopram, R/o Bharkau Tehsil Nadbai District Bharatpur 6. Mu.suman Widow Kuldeep, R/o Kasganj Road Nadbai Tehsil Nadbai District Bharatpur 7. Sukhdev S/o Maharaj Singh, R/o Kasganj Road Nadbai Tehsil Nadbai District Bharatpur 8. Ruchi D/o Kuldeep, R/o Kasganj Road Nadbai Tehsil Nadbai District Bharatpur 9. Gurudeep S/o Kuldeep, R/o Kasganj Road Nadbai Tehsil Nadbai 10. Sonu S/o Kuldeep, R/o Kasganj Road Nadbai Tehsil Nadbai 11. Aakash S/o Late Brijesh, R/o Sainik Nagar Rajpur Chungi, Agra (Uttarpradesh) 12. Priya D/o Late Brijesh, R/o Sainik Nagar Rajpur Chungi, Agra (Uttarpradesh) 13. Annu D/o Late Brijesh, R/o Sainik Nagar Rajpur Chungi, Agra (Uttarpradesh) 14. Lata W/o Late Brijesh, R/o Sainik Nagar Rajpur Chungi, Agra (Uttarpradesh) ----Respondents [2025:RJ-JP:18558] (2 of 3) [CW-6649/2025] For petitioner- defendant(s) : Mr. T.C. Vyas 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 on behalf of the petitioner-defendant for quashing & setting aside the order dated 27.03.2025 passed by the Court of learned Judicial Magistrate, Bhusawar, District Bharatpur, whereby the miscellaneous application filed by the petitioner-defendant under Order 14 Rule 5 & 151 of C.P.C. for framing additional issue in Suit Proceeding No.19/2019 titled as Dashrath & Ors. v. Shivdevi & Ors., was dismissed. 2. Learned counsel for the petitioner-defendant submits that on 07.03.2017, learned Trial Court framed total five issues in the matter but issue regarding limitation was not framed. Learned counsel further submits that in view of the overall facts & circumstances of the case, an additional is required to be framed with regard to limitation in the matter. 3. Heard learned counsel for the petitioner-defendant & gone through the impugned order dated 27.03.2025 and other material available on record. 4. Perusal of the impugned order dated 27.03.2025 reveals that the Learned Trial Court, after considering all the facts, has passed a reasoned order, which is just & proper. No illegality, infirmity or [2025:RJ-JP:18558] (3 of 3) [CW-6649/2025] error has been committed by the learned Trial Court in the aforesaid order dated 27.03.2025. Hence, there is no scope for interference in the aforesaid order in the limited writ jurisdiction under Article 227 of the Constitution of India. 5. Consequently, the present writ petition is dismissed. 6. Pending application(s), if any, also stands disposed of. (VINOD KUMAR BHARWANI),J SAHIL SONI /39