[2025:RJ-JP:2372] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13851/2023 Gordhanlal Son Of Murarilal Chaturvedi, Aged About 56 Years, Resident Of Sitabadi, Karauli Tehsil And District Karauli (Raj.) ----Petitioner Versus 1. Bajrang Lal Sharma Son Of Bhorulal, Aged About 81 Years, Resident Of Sitabadi, Karauli Tehsil And District Karauli 2. Ashok Kumar Sharma Son Of Bajranglal Sharma, Aged About 59 Years, Resident Of Sitabadi, Karauli Tehsil And District Karauli 3. Nagarparishad Karauli, Through Commissioner, Nagarparishad Karauli ----Respondents For Petitioner(s) : Mr. Hari Krishana Sharma, Adv. with Ms. Vinita Sharma, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 17/01/2025 This Civil Writ Petition has been filed by the petitioner- plaintiff (for short 'the plaintiff') against the order dated 21.07.2023 passed by Civil Judge & Judicial Magistrate, Karauli in Civil Misc. Case No.62/2022, whereby the trial court closed the plaintiff's opportunity to file reply to the counter claim filed by the respondent Nos.1 and 2-defendants (for short 'the defendants'). Learned counsel for the plaintiff submits that the plaintiff filed a suit for permanent and mandatory injunction against the defendants. Defendants filed a counter claim. Due to unavoidable circumstances, plaintiff could not file reply to the counter claim [2025:RJ-JP:2372] (2 of 2) [CW-13851/2023] filed by the defendants. So, the trial court vide order dated 21.07.2023 closed the plaintiff's opportunity to file reply to the counter claim. He has prayed that the impugned order dated 21.07.2023 passed by the trial Court be set aside and one more opportunity be granted to the plaintiff to file reply to the counter claim. I have considered the arguments advanced by learned counsel for the plaintiff and perused the impugned order. It is an admitted position that trial court closed the plaintiff's opportunity to file reply to the counter claim. So, in the interest of justice, I deem it just and proper to grant an opportunity to the plaintiff to file reply to the counter claim subject to payment of cost of Rs. 5,000/- by the plaintiff to the defendants. Accordingly, petition filed by the plaintiff is allowed. The order dated 21.07.2023 passed by the trial Court is set-aside. The trial court is directed to grant only an opportunity to the plaintiff to file reply to the counter claim, subject to payment of cost of Rs.5,000/- by the plaintiff to the defendants on or before next date of hearing, failing which reply to the counter claim shall not be taken on record. Pending application(s), if any, stand(s) disposed of. (NARENDRA SINGH DHADDHA),J Jatin /03