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2025 DAILYLAW 35662 (RAJ)

DINESH SHARMA ADOPTED SON PRABHU LAL SHARMA v. REGISTRAR, RAJASTHAN STATE CO-OPERATIVE DEPARTMENT

CW/224/2025 · 2025-01-10

Narendra Singh Dhaddha

body2025

Judgment text

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[2025:RJ-JP:1534] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 224/2025 Dinesh Sharma Adopted Son Prabhu Lal Sharma, Aged About 64 Years, R/o Bhoomi Vikas Bank Ke Peeche, Baran, District Baran, Rajasthan. ----Petitioner Versus 1. Registrar, Rajasthan State Co-Operative Department, Sahkar Bhawan 22 Godam, Circle Jaipur, Raj. 2. Rajasthan Van Shramik Sahakari Sangh Ltd., Baran, Purani Civil Line, Baran. 3. State Of Rajasthan, Through District Collector, Baran, District Baran, Raj. ----Respondents For Petitioner(s) : Dr. Mahesh Sharma For Respondent(s) : HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 10/01/2025 This civil writ petition has been filed by the petitioner-plaintiff (for short ‘the plaintiff’) against the order dated 19.09.2024 passed by the Civil Judge, Baran, District Baran in civil suit No. 19/2023 whereby the trial Court dismissed the application filed by the plaintiff for appointment of Commissioner. Learned counsel for the plaintiff submits that the plaintiff filed a suit for permanent injunction and declaration against the respondents-defendants (for short ‘the defendants’). Along with the suit, he has filed the temporary injunction application. Learned counsel submits that the plaintiff filed an application before the trial Court for appointment of Commissioner. In the application, it [2025:RJ-JP:1534] (2 of 2) [CW-224/2025] was stated that the plaintiff has been using the disputed property since 1987 and he had put the sawn wood there but the trial Court vide order dated 19.09.2024 overlooking this aspect of the matter dismissed the application filed by the plaintiff for appointment of the Commissioner. So, the order dated 19.09.2024 passed by the trial Court be set aside. I have considered the arguments advanced by counsel for the plaintiff and perused the impugned order. In my considered opinion, the trial Court has rightly dismissed the application filed by the plaintiff because for collection of evidence, Commissioner cannot be appointed. However, the plaintiff is at liberty to produce other evidence to prove his case. So, the present civil writ petition being devoid of merit, is liable to be dismissed, which stands dismissed accordingly. Pending application(s), if any, also stand(s) disposed of. (NARENDRA SINGH DHADDHA),J Ritu/5