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2025 DAILYLAW 44071 (RAJ)

MOHAN LAL SON OF LARTE SHRI CHITAR v. RAM CHANDRA SON OF SHRI CHUNNI LAL (DIED DURING SUIT)

CW/14170/2020 · 2025-11-26

Anand Sharma

Public Interest Litigationbody2025

Judgment text

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[2025:RJ-JP:47864] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14170/2020 Mohan Lal Son of Late Shri Chitar, Aged About 44 Years, Adopted Son Of Shri Prabhu Dayal Resident Of Ward No. 29, Samod Road, Chomu, District Jaipur (Rajasthan) ----Petitioner-Defendant No 1/1 Versus 1. Ram Chandra Son of Shri Chunni Lal (died during suit), through LR's 1/1 Nanag Ram, Son of Late Shri Ram Chandra, resident of Chomu, district Jaipur 1/2 Sharwan Kumar Son of Late Shri Ram Chandra, resident of Chomu, district Jaipur 1/3 Lal Chand, Son of Late Shri Ram Chandra, resident of Chomu, district Jaipur 1/4 Smt. Prem Devi, Wife of Shri Prabhati Lal, Daugther of Late Shri Ram Chandra, resident of Kaladera, Sahriya College Ke Pass, Chomu, district Jaipur 1/5 Smt. Soni Devi, Wife of Shri Chotu Ram, Daughter of Late Shri Ram Chandra, resident of Kaladera, Sahriya College Ke Pass, Chomu, district Jaipur 1/6 Smt. Basanti, Wife of Shri Tara Chand, Daughter of Late Shri Ram Chandra, resident of Kasba Amer, Pili Ki Talai, tehsil Amer, district Jaipur 2. Madan Lal Son of Shri Chunni Lal, resident of Village Chomu, Tehsil Chomu, Jaipur Metropolitan ...Respondents-Plaintiffs 3. Raghuvar Son of Shri Chothu, resident of Samod Road, Tehsil Chomu, Jaipur Metropolitan ...Respondent-Defendant No 2 4. Prabhu Son of Shri Chothu (now deceased), resident of Samod Road, Tehsil Chomu, Jaipur Metropolitan (dispute in the instant writ petition is about his legal representative) ...Respondent-Defendant No 3 5. Ram Sharan Son of Shri Chunni Lal, 6. Ram Ratan Son of Shri Chunni Lal, both residents of Chomu, Tehsil Chomu, Jaipur Metropolitan ...Proforma Respondents-Defendants No 4 & 5 For Petitioner(s) : None present For Respondent(s) : Mr. Rakshit Jain for Mr. Ajeet Kumar Bhandari [2025:RJ-JP:47864] (2 of 2) [CW-14170/2020] HON'BLE MR. JUSTICE ANAND SHARMA Order 26/11/2025 1. No one has put in appearance on behalf of the petitioner. 2. Matter has come up on application (IA No.1/2025) filed by the respondent No.3. 3. This writ petition has been filed by the petitioner against order dated 29.01.2020 passed by the Additional Civil Judge and Metropolitan Magistrate No.25, Jaipur Metropolitan, Headquarter Chomu in pending Civil Suit No.82/1985. 4. It is submitted in the application by respondent No.3 that during the pendency of the instant petition, the application under Order 7 Rule 11 of CPC filed by the defendants has been allowed by the trial Court vide order dated 22.11.2023 and the plaint has been returned to the plaintiff for filing the same before the competent Court. 5. Copy of order dated 22.11.2023 is also placed on record along with application. 6. There is no one on behalf of learned counsel for the petitioner to controvert the aforesaid factual position. 7. In view of above, the petition filed by the petitioner is dismissed. 8. Accordingly, the application is disposed of. (ANAND SHARMA),J DIVYA /10