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2025 DAILYLAW 24384 (RAJ)

KISHAN SINGH S/O SHRI CHIRANJILAL v. KARTARSINGH S/O SHRI BHAGAT SINGH

CW/10852/2025 · 2025-07-21

Vinod Kumar Bharwani

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:27073] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10852/2025 Kishan Singh S/o Shri Chiranjilal, Aged About 81 Years, R/o Anand Nagar Colony, Bharatpur, Tehsil and District Bharatpur (Raj.) ----Petitioner Versus 1. Kartarsingh S/o Shri Bhagat Singh, Aged About 61 Years, R/o Ajeet Nagar, Near Saras Chouraha, Bharatpur (Raj.) 2. Urban Improvement Trust, Bharatpur Through Secretary, Urban Improvement Trust, Bharatpur. 3. Nagar Nigam, Bharatpur, Through Commissioner, Nagar Nigam, Bharatpur. ----Respondents For Petitioner(s) : Mr. Yogesh Singhal For Respondent(s) : HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 21/07/2025 The present writ petition has been filed by the petitioner under Article 227 of the Constitution of India against the orders dated 30.09.2024 & 15.04.2025 passed by learned Civil Judge, Bharatpur, whereby the applications filed by the petitioner for granting an opportunity of leading the evidence, was dismissed. Learned counsel for the petitioner submits that one more opportunity may be granted to the petitioner for leading evidence & depositing the cost, in compliance of order dated 19.02.2020 passed by learned Trial Court. [2025:RJ-JP:27073] (2 of 2) [CW-10852/2025] It is noted here that the issues were framed by the learned Trial Court on 21.09.2019 & in subsequent thereto the petitioner filed an application under Order 7 Rule 14 of the Code of Civil Procedure, which was allowed by the Trial Court on 19.02.2020, subject to payment of cost of Rs.500/-. It is, however, observed that the petitioner has not complied with the aforesaid order till date, as he failed to deposit the aforesaid payment of cost as directed. Despite thereof, the petitioner was granted several opportunities for leading the evidence since the year 2020, and ultimately, petitioner's evidence was closed by the learned Trial Court on 30.09.2024. 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 /31