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2025 DAILYLAW 38002 (RAJ)

SHRI DEEPCHAND SON OF SHRI HANUMAN PRASAD SHARMA v. KALURAM YADAV SON OF SHRI RAMGOPAL YADAV

CW/12345/2025 · 2025-10-13

Maneesh Sharma

body2025

Judgment text

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[2025:RJ-JP:41755] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12345/2025 1. Shri Deepchand Aged 46 Years approx Son of Shri Hanuman Prasad Sharma, Resident in front of Vishwakarma School, Gandhi Nagar, Rupangarh Road, Madanganj Kishangarh District Ajmer. (Rajasthan) 2. Shri Bhagchand Aged 44 Years approx Son of Shri Hanuman Prasad Sharma, Resident in front of Vishwakarma School, Gandhi Nagar, Rupangarh Road, Madanganj Kishangarh District Ajmer. (Rajasthan) ----Petitioners Versus 1. Kaluram Yadav aged 50 Years approx Son of Shri Ramgopal Yadav, Resident Of Azad Nagar, Madanganj Kishangarh District Ajmer (Rajasthan) 2. Shri Rajendra aged 43 Years approx son of Shri Hanuman Prasad Sharma, Resident in front of Vishwakarma School, Gandhi Nagar, Rupangarh Road, Madanganj Kishangarh District Ajmer. (Rajasthan) 3. Shri Ashish aged 40 years approx son of Shri Hanuman Prasad Sharma, resident in front of Vishwakarma School, Gandhi Nagar, Rupangarh Road, Madanganj Kishangarh District Ajmer. (Rajasthan) 4. Aadarsh Cooperative Bank Ltd., Branch- Madanganj, Kishangarh Through Bank Manager 5. Sub Registrar, Sub Registrar Office, Kishangarh, District Ajmer (Rajasthan) 6. State Government Through District Collector, Ajmer (Raj). ----Respondents For Petitioner(s) : Mr. Aman Pareek For Respondent(s) : Mr. Vishwajeet Mantri HON'BLE MR. JUSTICE MANEESH SHARMA Order 13/10/2025 [2025:RJ-JP:41755] (2 of 3) [CW-12345/2025] 1. The present writ petition has been filed by the petitioner, assailing the order dated 05.07.2025, whereby the Additional District and Session Judge, No.2, Kishangarh, District Ajmer rejected the petitioners' application filed for impounding the agreement of sale under Section 37 of the Rajasthan Stamp Act, 1998. 2. Learned counsel for the petitioner submits that despite no objection was raised by the respondent as recorded in the impugned order for impounding the document, the court below has dismissed the application of impounding only on the ground that the document in question is neither an original nor a certified copy. Counsel placed reliance upon Section 39 (e) of the Rajasthan Stamp Act, 1988 as well as the decision passed by the Co-ordinate Bench of this Court at principle seat, Jodhpur in the matter of Mahaveer Prasad v. Sayra Devi1. 3. Learned counsel Mr. Vishwajeet Mantri appears on behalf of respondent No.1. 4. Despite service, none appeared on behalf of other respondents. 5. After arguing at some length, counsel for both parties are ad idem that the impugned order may be set aside and the matter may be remitted back to the learned trial Court for considering the same afresh in the light of Section 39 (e) of the Rajasthan Stamp Act, 1988. 6. In view of the above consensus arrived at between the parties, the impugned order is set aside and the matter is remanded back to the learned Trial Court for afresh adjudication. 1 S.B. Civil Writ Petition No. 4918/2015 [2025:RJ-JP:41755] (3 of 3) [CW-12345/2025] 7. It is further made clear that the learned trial Court, while re- deciding the matter, will not be influenced by the findings recorded in the impugned order. 8. Accordingly, the present writ petition is disposed of. 9. All pending application(s), if any, are also disposed of. (MANEESH SHARMA),J SOURAV /97