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2025 DAILYLAW 33957 (RAJ)

MOHAMMED YAKOOB SON OF MARHUM HAJI RAMJAN v. MOHAMMED ASLAM SON OF MARHUM HAJI RAMJAN

CW/19988/2023 · 2025-05-06

Vinod Kumar Bharwani

body2025

Judgment text

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[2025:RJ-JP:19143] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19988/2023 Mohammed Yakoob Son Of Marhum Haji Ramjan, Aged About 73 Years, Resident Of Mohalla Pinaran, Sikar, Tehsil And District Sikar -(Raj.) Currently Residing At 701-D, Rizwan Apartment, Aqsa Masjid Road, Behind Parizadh Co-Operative, Jogeshwari West, Mumbai- 400102. Through Power Of Attroney Holder Mohammed Raffiq S/o Fateh Mohammed Telkhaniya Aged About 52 Years, R/o Ward No. 8, Mohalla Pinaran, Sikar, Tehsil Sikar, District Sikar- 332001 (Raj.) ----Petitioner Versus Mohammed Aslam Son Of Marhum Haji Ramjan, Aged About 65 Years, R/o Mohalla Pinaran, Ward No Sikar, Tehsil And District Sikar (Raj.) Currently Residing At 5 A/5, Sangeeta Apartment, Juhu Road, Santacruz West, Mumbai- 400049 ----Respondent For Petitioner(s) : None present For Respondent(s) : Mr. Mohd. Adil HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 06/05/2025 The instant petition has been filed under Article 227 of the Constitution of India against the order dated 07.10.2023 passed by the Court of learned Additional District Judge, No.3, Sikar, Rajasthan, in Civil Suit No.23/2016, whereby the application filed on behalf of the petitioner under Section 45 of the Indian Evidence Act r/w Section 151 C.P.C., was dismissed and the file was put up for petitioner’s evidence. [2025:RJ-JP:19143] (2 of 2) [CW-19988/2023] Learned counsel for the petitioner submits that the matter pending before the learned Court below, has already been disposed of vide order dated 31.01.2025. In view of the submission made by learned counsel for the petitioner and the case status report, the present writ petition has rendered infructuous. Accordingly, the writ petition is dismissed as having become infructuous. Pending application(s), if any, also stands disposed of. (VINOD KUMAR BHARWANI),J SAHIL SONI /26