[2025:RJ-JP:1004] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12743/2023 Ramsingh S/o Bharat Singh, R/o Near Sbk School, Bharatpur ----Petitioner Versus 1. Smt. Shashi W/o Late Shri Shyamsundar @ Pape, R/o Near S.b.k. School, Sirki Pada, Bharatpur 2. Yogesh S/o Late Shri Shyamsundar, R/o Near S.b.k. School, Sirki Pada, Bharatpur 3. Shandi Devi W/o Late Shri Bharat Singh (Since Deceased), R/o Near S.b.k. School, Bharatpur 4. Smt. Laxmi W/o Late Preetm Singh, R/o Near S.b.k. School, Bharatpur 5. Rambai W/o Ram Singh, R/o Arya Nagar, Ajmer 6. Rani W/o Prahlad, R/o Near S.b.k. School, Bharatpur 7. Sandhya W/o Chain Singh, R/o Shahganj, Kedar Nagar, Agra (Up) 8. Mohit S/o Late Preetam Singh, R/o Near S.b.k. Girls School, Bharatpur ----Respondents For Petitioner(s) : Mr. J.K. Moolchandani, Adv. For Respondent(s) : Mr. Kapil Gupta, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 07/01/2025 This civil writ petition has been filed by the petitioner- defendant (for short ‘the defendant’) against the order dated 14.07.2023 passed by Additional District and Sessions Judge No.3, Bharatpur in civil suit No.23/2021, whereby the objections filed by the defendant in relation to the site Commissioner's report have been rejected. [2025:RJ-JP:1004] (2 of 3) [CW-12743/2023] Learned counsel for the defendant submits that the respondent Nos.1 and 2-plaintiffs (for short 'the plaintiffs) filed a suit for partition against the defendant in which trial court court vide order dated 13.01.2021 partly decreed the suit and passed preliminary decree. Learned counsel for the defendant submits that in compliance of preliminary decree, the trial court sought Commissioner's report. The defendant had raised objection on the Commissioner's report and trial court vide its order dated 14.07.2023 rejected the objections raised by the defendant. Learned counsel for the defendant further submits that order of the trial court is not correct as Commissioner had exceeded his jurisdiction, so objections raised by him be allowed and order dated 14.07.2023 passed by the trial court be set aside. Learned counsel for the plaintiffs has opposed the arguments advanced by the learned counsel for the defendant and submitted that trial court has rightly dis-allowed the objections filed by the defendant, so the present civil writ petition filed by the defendant being devoid of merit, is liable to be dismissed I have considered the arguments advanced by learned counsel for the defendant as well as learned counsel for the plaintiff. It is an admitted position that preliminary decree was passed on 13.01.2021 and the final decree is yet to be passed, without interfere with the impugned order, liberty granted to the defendant to raise all the objections raised in this petition at the time of passing the final decree. So, the present petition filed by the defendant is required to be disposed of accordingly. [2025:RJ-JP:1004] (3 of 3) [CW-12743/2023] So, the petition filed by the defendant is disposed of with liberty to the defendant to raise all the objections in the final decree. Trial court is also directed to decide the objections raised by the defendant while passing the final decree without being influenced by its order dated 14.07.2023. Pending application(s), if any, pending, stands disposed of. (NARENDRA SINGH DHADDHA),J AVINASH GULERIA /95