Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 30295 (RAJ)

GOPAL GURJAR S/O LATE SHRI NANU RAM GURJAR v. KANHAIYA LAL S/O SHRI NARAIN

CW/15266/2024 · 2025-07-02

Vinod Kumar Bharwani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:24289] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15266/2024 Gopal Gurjar S/o Late Shri Nanu Ram Gurjar, Aged About 63 Years, Resident Of Village Bagwara, Tehsil Amer, District Jaipur (Rajasthan) ----Petitioner Versus 1. Kanhaiya Lal S/o Shri Narain, Resident Of Daulaj, Tehsil Viratnagar, District Jaipur (Rajasthan) 2. Banshi Adopted Son Of Shri Bhura, Resident Of Gyanpura, Tehsil Viratnagar, District Jaipur (Rajasthan) ----Respondents For Petitioner(s) : Mr. Bajrang Lal Choudhary For Respondent(s) : Mr. Nishant Vyas HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 02/07/2025 The present writ petition has been filed by the petitioner under Article 227 of the Constitution of India against the order dated 31.08.2024 passed by learned Additional District & Sessions Judge No.1, Shahpura, Jaipur, District Jaipur Metropolitan-II, in Civil Suit No.14/2015, whereby the application filed by the respondent(s)-defendant(s) under order 8 Rule 1 (3) r/w Section 151 of C.P.C. for taking the document on record, was allowed. Learned counsel for the petitioner submits that the details of documents pertaining to the FIR, Final Report and Judicial proceedings, which have been placed on record, are not mentioned in the written statement. Eventually, the aforesaid Order is not sustainable, as the same was not passed in a legal [2025:RJ-JP:24289] (2 of 2) [CW-15266/2024] manner by the learned Trial Court. Therefore, the Order dated 31.08.2024 passed by the learned Trial Court may be quashed & set aside. Heard learned counsel for the parties and perused the Order dated 31.08.2024. 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 /95