[2025:RJ-JP:22512] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.7917/2025 Lokdeep Sharma S/o Shri Durga Prasad Sharma, R/o 130, Shakti Nagar, Niwaru Road, Jhowaral, Jaipur. (Raj). ----Petitioner Versus 1. Pramod Kumar Sharma S/o Late Shri Rajendra Kumar Sharma, Aged About 36 Years, R/o Near Church, Gopalgarh Bharatpur At Present R/o House No. 22A-46 Sector-22, Praap Nagr, Jaipur (Raj). 2. Meena Sharma W/o Late Shri Rajendra Kumar Sharma, R/o Near Church, Gopalgarh Bharatpur At Present R/o House No. 22A-46 Sector-22, Pratap Nagar, Jaipur (Raj). 3. Shri Durga Prasad S/o Late Shri Sohanlal, R/o House No. 130, Shakti Nagar, Niwari Road, Jhotwara, Jaipur (Raj).deceased. 4. Smt. Chanchal Sharma W/o Late Shri Durga Prasad Sharma, R/o House No. 130, Shakti Nagar, Niwari Road, Jhotwara, Jaipur (Raj). 5. Prakash Sharma S/o Shri Durga Prasad Sharma, R/o House No. 130, Shakti Nagar, Niwari Road, Jhotwara, Jaipur (Raj). 6. Sm. Jyoti Sharma D/o Late Shri Durga Prasad Sharma, R/o House No. 130, Shakti Nagar, Niwari Road, Jhotwara, Jaipur (Raj). 7. Shri Damodar Lal S/o Late Shri Sohan Lal, R/o Near Church, Gopalgarh, Bharatpur (Raj) Deceased. 8. Kusumlata W/o Late Shri Damodarlal, R/o Near Church, Mohalla Gopalgarh, Bharatpur (Raj). 9. Dimple D/o Late Shri Damodarlal, R/o Near Church, Mohalla Gopalgarh, Bharatpur (Raj). 10. Doli D/o Late Shri Damodarlal W/o Shri Pushkarraj, R/o Near Church, Mohalla Gopalgarh, Bharatpur (Raj). 11. Mohita D/o Late Shri Damodarlal W/o Shri Vishnu Dutta Sharma, R/o Near Church, Mohalla Gopalgarh, Bharatpur (Raj). 12. Mukti D/o Late Shri Damodarlal W/o Shri Yashwant Sharma, R/o Near Church, Mohalla Gopalgarh, Bharatpur (Raj). 13. Rekha D/o Late Shri Damodarlal W/o Abhishek Sharma, R/o Near Church, Mohalla Gopalgarh, Bharatpur (Raj). 14. Shikha D/o Late Shri Damodarlal W/o Shri Rituraj Sharma, R/o Near Church, Mohalla Gopalgarh, Bharatpur (Raj). 15. Divya D/o Late Shri Damodarlal W/o Shri Dhurv Sharma, R/o Near Church, Mohalla Gopalgarh, Bharatpur (Raj). 16. Shivansh Late Shri Damodarlal, R/o Near Church, Mohalla Gopalgarh, Bharatpur (Raj). ----Respondents For Petitioner(s) : Mr. J.K. Moolchandani For Respondent(s) : Mr. O.P. Mishra [2025:RJ-JP:22512] (2 of 3) [CW-7917/2025] HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 28/05/2025 : 1. The present writ petition has been filed on behalf of the petitioner-defendant against the order dt.03.05.2025 passed by the Court of ld. Additional District & Sessions Judge No.3, Bharatpur, in Civil Suit No.06/2016, whereby the evidence of the petitioner-defendant was closed by the ld. Court below. 2. Learned counsel appearing for the petitioner/defendant submits that in the present case, the sale-deed filed by the defendant was sent to the Collector under Section 33 of the Stamp Act for proper stamping, wherein the petitioner was directed to deposit a sum of Rs.2,86,570/-. In compliance thereof, the petitioner had deposited Rs.2,86,570/- on 02.05.2025 but the said sale-deed could not be sent back to the ld. trial Court till date. The matter was fixed before the ld. trial Court for the defendant’s evidence on 03.05.2025, but as the said sale-deed was not received from the Collector, the defendant could not submit the same as well as the evidence. The ld. Trial Court closed the evidence of the petitioner/defendant vide order dated 03.05.2025. Therefore, one more opportunity may be provided to the petitioner to submit the aforesaid documents and evidence. 3. Learned counsel appearing for the respondents has opposed the submissions made herein-above. 4. Heard learned counsel appearing for the parties. Perused the impugned order as well as the material made available on record. 5. It is clear from the record that on 12.12.2024, the ld. Trial Court sent the sale-deed of the petitioner for proper stamp duty before the Collector (Stamps) and on 02.05.2025 the amount of Rs.2,86,570/- was deposited by the petitioner. As the documents could not be sent [2025:RJ-JP:22512] (3 of 3) [CW-7917/2025] back to the ld. Trial Court by the Collector (Stamp), the same could not be produced before the ld. Trial Court on 03.05.2025. 6. Looking to the overall facts & circumstances of the case, considering the submissions made at bar & perusing the impugned order, the present writ petition is allowed. The impugned order dt.03.05.2025 is quashed & set aside. In the interest of justice, one last opportunity is granted to learned counsel for the petitioner-defendant to submit the documents and to produce his evidence before the ld. Trial Court. 7. Pending application(s), if any, stands disposed of. (VINOD KUMAR BHARWANI),J SAHIL SONI /111