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2025 DAILYLAW 30048 (RAJ)

GIRDHARI LAL BUNKAR SON OF LATE SHRI SUGGARAM BUNKAR v. KAPIL KUMAR SHARMA SON OF SHRI SATYANARAYAN SHARMA

CW/14580/2025 · 2025-09-20

Sameer Jain

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:38784] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14580/2025 Girdhari Lal Bunkar Son Of Late Shri Suggaram Bunkar, Aged About 58 Years, Resident Of Village Chhapuda Khurd, Tehsil Virat Nagar, District Jaipur, At Present Resident Of Plot No. 13, Umrao Vihar, Naai Ki Thadi, Jamwaramgarh Road, Jaipur. ----Petitioner Versus 1. Kapil Kumar Sharma Son Of Shri Satyanarayan Sharma, Resident Of Mohalla Buchaheda, Ward No. 17, Kotputli, District Jaipur Driver Of Vehicle No. Rj-40-Ca-2295. 2. Kailash Chandra Gurjar Son Of Shri Suwaram Gurjar, Resident Of Village Raghunathpura, Chhitoli, Virat Nagar, District Jaipur. Registered Owner Of Vehicle No. Rj-40-Ca- 2295. 3. H.d.f.c. Agro General Insurance Company Limited, Regional Office - Third Floor, Sangvi Upasana Tower, Subhash Marg, C-Scheme, Jaipur. Branch Jhalawar Road, Kota. Cover Note No. Jro 4274141 Dated 27.01.2004 (Insurance Company Of Vehicle No. Rj-40-Ca-2295) Policy No. 3126003115030776099, Date 24.03.2017 To 23.03.2018. 4. Smt. Saroj Devi Wife Of Shri Girdhari Lal Bunkar, Aged About 50 Years, Resident Of Village Chhapuda Khurd, Tehsil Virat Nagar, District Jaipur, At Present Residing Of Plot No. 13, Umrao Vihar, Naai Ki Thadi, Jamwaramgarh Road, Jaipur. 5. Lokesh Bunkar Son Of Shri Girdhari Lal Bunkar, Aged About 23 Years, Resident Of Village Chhapuda Khurd, Tehsil Virat Nagar, District Jaipur, At Present Residing Of Plot No. 13, Umrao Vihar, Naai Ki Thadi, Jamwaramgarh Road, Jaipur. 6. Sunil Bunkar Son Of Shri Girdhari Lal Bunkar, Aged About 20 Years, Resident Of Village Chhapuda Khurd, Tehsil Virat Nagar, District Jaipur, At Present Residing Of Plot No. 13, Umrao Vihar, Naai Ki Thadi, Jamwaramgarh Road, Jaipur. 7. Smt. Bidami Devi Wife Of Late Shri Suggaram Bunkar, Aged About 76 Years, Resident Of Village Chhapuda Khurd, Tehsil Virat Nagar, District Jaipur, At Present Residing Of Plot No. 13, Umrao Vihar, Naai Ki Thadi, Jamwaramgarh Road, Jaipur. ----Respondents For Petitioner(s) : Mr. Babu Lal Bairwa For Respondent(s) : [2025:RJ-JP:38784] (2 of 3) [CW-14580/2025] HON'BLE MR. JUSTICE SAMEER JAIN Judgment 20/09/2025 Learned counsel for the petitioner has submitted that litigant should not suffer due to the conduct of the advocate. In this regard, learned counsel has relied upon Rafiq & Anr vs Munshilal & Anr; 1981 (2) SCC 788. Howsoever, learned counsel has submitted that, if opportunity is given to the petitioner, requisite evidences will be produced before the concerned Court and thereafter due participation will be made in the hearing. It is further ensured that the petitioner will not take any adjournments and is willing to deposit a cost of Rs. 10,000/- for the irregularity and mis- representation committed by him. Considering the submissions made by the learned counsel for the petitioner, this Court directs that if a cost of Rs. 10,000/- (Rupees Ten Thousand Only) is paid to the side opposite by the petitioner and an undertaking duly signed by the petitioner is submitted before the concerned Court stating that no adjournment will be taken on future dates and requisite evidences will be furnished/ produced on date fixed by the concerned Court. After making compliance with the aforementioned directions, the petitioner be permitted to present the evidence before the concerned Court. Concerned Court is directed to conduct the final hearing, within a period of 30 days after production of evidences and arguments by the respective parties. [2025:RJ-JP:38784] (3 of 3) [CW-14580/2025] Accordingly, the present petition is disposed of. Pending applications, if any, shall stand disposed. It is made clear that directions spelled out in the present order will be made applicable only if, as on date, no final order is passed by the concerned Court. (SAMEER JAIN),J Pooja/17