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2025 DAILYLAW 23370 (RAJ)

BHAIRU SINGH SON OF SHRI SUJAN SINGH v. SHRI SHYAM MANOHAR BOHRA SON OF FUMANDAN ALIAS KUMMANDAS

CW/10205/2025 · 2025-07-28

Vinod Kumar Bharwani

body2025

Judgment text

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[2025:RJ-JP:28226] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10205/2025 Bhairu Singh Son Of Shri Sujan Singh, Aged About 44 Years, Resident Of Village Chakvi, Tehsil Sarwad, Tehsil Ajmer, Currently Resident Of Rajaredi, Madanganj Kishangarh, District Ajmer, Rajasthan ----Petitioner Versus 1. Shri Shyam Manohar Bohra Son Of Fumandan Alias Kummandas, Aged About 63 Years, Resident Near Jain Temple, New City, Kishangarh, District Ajmer, Rajasthan 2. Surendra Singh Mahanot Alias Babu Bhai Mahanot Son Of Shri Sajjan Singh Mahanot, Aged About 63 Years, Resident Of Vinayak Nagar, Madanganj Kishangarh, District Ajmer, Rajasthan 3. Deputy Registrar, Kishangarh, District Ajmer, Rajasthan ----Respondents For Petitioner(s) : Mr. Aman Pareek For Respondent(s) : HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 28/07/2025 The present writ petition has been filed by the petitioner under Article 227 of the Constitution of India against the order dated 21.04.2025 passed by learned Additional Chief Judicial Magistrate No.1 Kishangarh, District Ajmer, whereby the application for objection filed by the petitioner, was dismissed. Learned counsel for the petitioner submits that the respondent No.2 raised an objection about authenticity and genuineness of the agreement dated 04.03.2008 by filing an [2025:RJ-JP:28226] (2 of 2) [CW-10205/2025] application under Section 45 of the Indian Evidence Act, seeking F.S.L. Examination of the aforesaid agreement. Counsel further submits that the petitioner has filed objection that as per the order dated 05.09.2003 only admitted documents may be used for comparison with the aforesaid agreement. The learned Trial Court dismissed the petitioner's objections and ordered for F.S.L. Examination of aforesaid agreement. Therefore, it is prayed that the order dated 21.04.2025 may be quashed & set aside. Heard. Perused. 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. Hence, there is no scope for interference in the aforesaid order under the limited writ jurisdiction under Article 227 of the Constitution of India. Consequently, the present writ petition is dismissed. Pending application(s), if any, also stands disposed of. (VINOD KUMAR BHARWANI),J SAURABH /24