SUSHIL KUMAR SHARMA SON OF SHRI KAILASH CHAND SHARMA v. ASHVANI KUMAR SHARMA SON OF SHRI RAJENDRA PRASAD SHARMA
CW/7121/2025 · 2025-05-13
Vinod Kumar Bharwani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17908 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17908 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:20018] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7121/2025 Sushil Kumar Sharma Son Of Shri Kailash Chand Sharma, Aged About 56 Years, Resident Of Village Harmada, Near Check Post, Sikar Road, Jaipur Metropolitan. At Present R/o Village Rajawas, Tehsil Rampura Dabri, Sikar Road, Jaipur Metropolitan. ----Petitioner Versus
1. Ashvani Kumar Sharma Son Of Shri Rajendra Prasad Sharma, Aged About 58 Years, Resident Of Village Mawanda Khurd, Tehsil Neemkathana, District Sikar, Presently Resident Of House No. 89, Vijay Badi, Path No. 3, Dhehar Ka Balaji, Sikar Road, Jaipur.
2. Smt. Manoj Sharma Wife Of Ashvani Kumar Sharma, Aged About 60 Years, Resident Of Village Mawanda Khurd, Tehsil Neemkathana, District Sikar, Presently Resident Of House No. 89, Vijay Badi, Path No. 3, Dhehar Ka Balaji, Sikar Road, Jaipur, Presently Posted As Teacher, Government Upper Primary School, Siras, Tehsil Niwai, District Tonk.
3. Kailash Chand Sharma Son Of Shri Hoshiyar Mal, Resident Of Plot No. 17, Ganesh Nagar, 3Rd, Murlipura Scheme, Operator K.k. Properties, Murlipura, Jaipur.
4. Harish Kumar Son Of Shri Chandrabhan, Resident Of Plot No. 28, Godara Colony, Khatipura Road, Jhotwara, Jaipur, Operator K.k. Properties, Murlipura, Jaipur.
5. Shimbhu Dayal Son Of Shri Ganpat Lal, Aged About 49 Years, Resident Of Plot No. 7, Keshav Nagar First, Murlipura, Jaipur. ----Respondents For Petitioner(s) : Mr. Mukesh Kumar Meena HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order 13/05/2025
1. The present civil writ petition under Article 227 of the Constitution of India has been filed by the petitioner against the
order dated 03.12.2024 passed by the Court of learned Additional District & Sessions Judge No.8, Jaipur Metropolitan-II, Jaipur, in Civil Suit No.115/2020 (C.I.S. No.43431/2014), whereby the
[2025:RJ-JP:20018] (2 of 3) [CW-7121/2025] application filed on behalf of the petitioner under Order 1 Rule 10 C.P.C., was dismissed.
2.
Learned counsel for the petitioner submits that the petitioner has preferred an application under Order 1 Rule 10 C.P.C. for impleading Assistant Engineer, J.V.V.N.L., Jaipur & Vice President, Shri Ganpati Grah Nirman Sahakari Samiti, Jaipur, as party- respondents in the matter. Learned Trial Court dismissed the aforesaid application only on the ground the petitioner may take action at his own level to get the documents required in the matter and it is not necessary to implead the aforesaid parties as respondents. Learned counsel further submits that it is essential to implead both the parties as respondents in the matter to facilitate the final disposal of the case and taking on record the original documents of the case property in dispute. Learned counsel further submits that the learned Trial Court, without considering the facts & circumstances, dismissed the application filed by the petitioner. Therefore, in view of the submissions made herein-above, the present writ petition may be allowed and the impugned order dated 03.12.2024 be quashed & set aside.
3. Heard learned counsel for the petitioner & gone through the impugned order dated 03.12.2024, the plaint of the petitioner and other material available on record.
4. Perusal of the impugned order dated 03.12.2024 reveals that 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 03.12.2024.
[2025:RJ-JP:20018] (3 of 3) [CW-7121/2025]
5. 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 /20