[2025:RJ-JP:44055] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16256/2025 1. Amar Kant S/o Late Shri Mahaveer Prasad, Aged About 53 Years, R/o- Ward No. 32, Sitaram Pareek Marg, Shekhpura Mohalla, Sikar, Tehsil And District Sikar (Rajasthan). 2. Prakash S/o Late Shri Mahaveer Prasad, Aged About 56 Years, R/o- Ward No. 32, Sitaram Pareek Marg, Shekhpura Mohalla, Sikar, Tehsil And District Sikar (Rajasthan). ----Petitioners/Defendants Versus 1. Vijay Shanker S/o Late Shri Mahaveer Prasad, Aged About 67 Years, R/o- Ward No. 32, Sitaram Pareek Marg, Shekhpura Mohalla, Sikar, Tehsil And District Sikar (Rajasthan). 2. Nandkishore S/o Late Shri Mahaveer Prasad, Aged About 67 Years, R/o- Ward No. 32, Sitaram Pareek Marg, Shekhpura Mohalla, Sikar, Tehsil And District Sikar (Rajasthan). 3. Badri Prasad S/o Late Shri Mahaveer Prasad, Aged About 72 Years, R/o- Ward No. 32, Sitaram Pareek Marg, Shekhpura Mohalla, Sikar, Tehsil And District Sikar (Rajasthan). 4. Dinesh S/o Shri Satyanarayan, Aged About 39 Years, R/o- Ward No. 32, Sitaram Pareek Marg, Shekhpura Mohalla, Sikar, Tehsil And District Sikar (Rajasthan). 5. Hemlata D/o Shri Satyanarayan, Aged About 45 Years, R/o- Ward No. 32, Sitaram Pareek Marg, Shekhpura Mohalla, Sikar, Tehsil And District Sikar (Rajasthan). 6. Surendra Kumar S/o Shri Satyanarayan, Aged About 45 Years, R/o- Ward No. 32, Sitaram Pareek Marg, Shekhpura Mohalla, Sikar, Tehsil And District Sikar (Rajasthan). 7. Prabhakar S/o Vimalchand Tiwari, Aged About 28 Years, R/o- Ward No. 32, Sitaram Pareek Marg, Shekhpura Mohalla, Sikar, Tehsil And District Sikar (Rajasthan). 8. Piyush S/o Vimalchand Tiwari, Aged About 30 Years, R/o- [2025:RJ-JP:44055] (2 of 3) [CW-16256/2025] Ward No. 32, Sitaram Pareek Marg, Shekhpura Mohalla, Sikar, Tehsil And District Sikar (Rajasthan). 9. Prashant S/o Vimalchand Tiwari, Aged About 33 Years, R/o- Ward No. 32, Sitaram Pareek Marg, Shekhpura Mohalla, Sikar, Tehsil And District Sikar (Rajasthan). 10. Smt. Shanti Devi W/o Late Shri Satyanarayan, Aged About 72 Years, R/o- Ward No. 32, Sitaram Pareek Marg, Shekhpura Mohalla, Sikar, Tehsil And District Sikar (Rajasthan). 11. Smt. Sumitra Devi W/o Late Shri Vimalchand, Aged About 57 Years, R/o- Ward No. 32, Sitaram Pareek Marg, Shekhpura Mohalla, Sikar, Tehsil And District Sikar (Rajasthan). ----Respondents For Petitioner(s) : Mr. Rahul Agarwal For Respondent(s) : Mr. Shubham Bhargava HON'BLE MR. JUSTICE MANEESH SHARMA Order 03/11/2025 1. The present writ petition has been filed by the petitioners assailing the order dated 12.09.2025, passed by the Additional District Judge, No.2, Sikar, in Civil Suit No.77/2018, whereby the application filed by the respondent under Order 13 Rule 3 CPC has been allowed and the family settlement dated 06.08.1992 as well as agreement dated 26.10.1998 were ordered to be kept in "D" part in the file because they were not the registered documents. 2. After arguing the matter at some length, counsel for both the parties are ad idem that the present writ petition can be disposed [2025:RJ-JP:44055] (3 of 3) [CW-16256/2025] of in terms of the judgment passed by the Hon'ble Apex Court in 'Sita Ram Bhama v. Ramvatar Bhama1. 3. Accordingly, the present civil writ petition is allowed; consequently the impugned order dated 12.09.2025 is set aside and the family settlement dated 06.08.1992 as well as agreement dated 26.10.1998 may be held admissible in evidence for collateral purpose only; provided that the petitioner gets the documents impounded to pay stamp duty together with a penalty, (if any), proof and relevancy. 4. Accordingly, the present writ petition is allowed on the basis of consensus arrived between the parties. 5. All other pending application(s), if any, stand disposed. (MANEESH SHARMA),J PAYAL DHAWAN /11 1 2018 AIR SC 3057