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2025 DAILYLAW 19002 (RAJ)

RAMKARAN SAINI SON OF SANTI DEVI @ SANTRA DEVI v. MAHAVEER PRASAD SON OF BAGARAM

CW/8246/2025 · 2025-05-27

Vinod Kumar Bharwani

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:22278] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8246/2025 1. Ramkaran Saini Son Of Santi Devi @ Santra Devi, Resident Of Dhavdo Ki Dhani, Gudha Bavani, Tehsil Gudhagaudji, District Jhunjhunu (Raj.) 2. Ramkunwar Saini Son Of Santi Devi @ Santra Devi, Resident Of Dhavdo Ki Dhani, Gudha Bavani, Tehsil Gudhagaudji, District Jhunjhunu (Raj.) 3. Sharda Devi D/o Santi Devi @ Santra Devi, Resident Of Dhavdo Ki Dhani, Gudha Bavani, Tehsil Gudhagaudji, District Jhunjhunu (Raj.) 4. Shimbhu Saini Son Of Santi Devi @ Santra Devi, Resident Of Dhavdo Ki Dhani, Gudha Bavani, Tehsil Gudhagaudji, District Jhunjhunu (Raj.) 5. Suresh Saini Son Of Santi Devi @ Santra Devi, Resident Of Dhavdo Ki Dhani, Gudha Bavani, Tehsil Gudhagaudji, District Jhunjhunu (Raj.) 6. Savita Devi D/o Santi Devi @ Santra Devi, Resident Of Dhavdo Ki Dhani, Gudha Bavani, Tehsil Gudhagaudji, District Jhunjhunu (Raj.) ----Petitioners Versus Mahaveer Prasad Son Of Bagaram, Aged About 63 Years, Resident Of Village Jaitpura, Tehsil Udaipurwati, District Jhunjhunu (Raj.) ----Respondent For Petitioner(s) : Mr. Arun Singh Shekhawat For Respondent(s) : HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 27/05/2025 The writ petition has been filed by the petitioners-defendants under Article 227 of the Constitution of India against the order dated 07.03.2025 passed by learned Senior Civil Judge, Udaipurwati (Jhunjhunu), in Civil Suit No.5/2023, whereby the opportunity to file written statement to the civil suit, was closed. Learned counsel for the petitioners-defendants submits that the petitioners-defendants have not filed written-statement to the [2025:RJ-JP:22278] (2 of 2) [CW-8246/2025] suit as his counsel could not appear before the learned Trial Court due to some personal reasons. Therefore, one more opportunity may be granted to the petitioners-defendants to file written statement in the matter. Heard learned counsel for the petitioners and perused the order dated 07.03.2025. Looking to the facts & circumstances of the case and considering the submissions made at bar, this Court it just & proper to allow this writ petition, subject to the cost/penalty of Rs.50,000/- imposed upon the petitioners-defendants. In the interest of justice, the petitioners-defendants are granted one last opportunity to file the written statement to the suit before the learned Trial Court within a period of four week from the date of receipt of certified copy of this order. Out of the aforesaid cost imposed, Rs.25,000/- be deposited in the concerned District Legal Services Authority & Rs.25,000/- be given to the respondent- plaintiff. It is further made clear that in case, the petitioners- defendants fail to pay the cost, as directed herein-above and does not file the written statement within a stipulated period, no further opportunity shall be granted to the petitioners-defendants. Consequently, present writ petition is disposed of. Pending application(s), if any, also stands disposed of. (VINOD KUMAR BHARWANI),J SAURABH /39