[2025:RJ-JP:48597] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18496/2025 Shanti Lal Prajapat S/o Late Shri Ram Chandra Ji Prajapat, Aged About 75 Years, R/o Behind Arya Samaj Mandir, Madanganj- Kishangarh, District, Ajmer. ----Petitioner Versus 1. Gopesh S/o Late Shri Ganpatlal Ji, Aged About 72 Years, R/o B-704, Prestige Tower, Near Judges Bungalow, Bodakdev, Ahmadabad (Gujarat). 2. Suresh Kumar Prajatap S/o Late Shri Ganpatla Prajapat, Aged About 70 Years, R/o Infront Of Shani Mandir, Delhi Gate, Ajmer, Second Address Kesari Colony, Adarsh Nagar, Ajmer. 3. Bhawani Shankar S/o Late Shri Ganpatlal Ji Prajapat, Aged About 68 Years, R/o. A-402, Royal Tower, Sector 61, Nodia (U.p.) 4. Geeta D/o Late Shri Ganpat Lal Ji, W/o Shri Giriraj Ji, R/o Basera Colony, Dayal Bagh, Agra. 5. Smt. Shanti Devi Prajapat W/o Late Sh. Yogesh Chandra, Aged About 71 Years, R/o 147/40, New Kesari Colony, Adarsh Nagar, Ajmer 6. Brajesh Prajapat S/o Late Shri Yogesh Chandra, Grandson Of Late Ganpat Lal Ji, Aged About 52 Years, R/o 147/40, New Kesari Colony, Adarsh Nagar, Ajmer, At Present R/o 45/type-V, Telicom Colony, Bajaj Nagar, Jaipur 7. Mahesh Prajapat S/o Late Shri Yogesh Chandra, Grandson Of Late Ganpat Lal Ji, Aged About 46 Years, R/o 147/40, New Kesari Colony, Adarsh Nagar, Ajmer 8. Sarvesh Prajapat S/o Late Shri Yogesh Chandra, Grandson Of Late Ganpat Lal Ji, Aged About 44 Years, R/o 147/40, New Kesari Colony, Adarsh Nagar, Ajmer 9. Rajesh Kumar Prajapat S/o Late Shri Dhanpat Lal Ji @ Lalchand Prajapat, Aged About 56 Years, R/o In Front Of Shani Mandir, Delhi Gate, Ajmer, 56 Years, R/o In Front Of Shani Mandir, Delhi Gate, Ajmer, Second Address Sanwariya General Store, Ahead Of Pancholi Chauraha, Near Bhairuji Temple, Ram Nagar Ajmer, Third Address In [2025:RJ-JP:48597] (2 of 4) [CW-18496/2025] Front Of Mangalam Complex, Near Pink Garden, Ahead Of Kotda, Ajmer. 10. Smt. Pushpa Prajapat D/o Late Shri Dhanpatlal Ji @ Lalchand Ji, W/o Shri Vijendra Prajapat, Aged About 53 Years, R/o Shahpura Mohallah, Chaman Chauraha, Beawar. 11. Sultan S/o Not Known (Namalum), R/o Tamanna Guest House, Near Shani Mandir, Delhi Gate, Ajmer. 12. Liyakat S/o Not Known (Namalum), R/o Tamanna Guest House, Near Shani Mandir, Delhi Gate, Ajmer. 13. Shyamlal S/o Madanlal, R/o Dahi Doodh Ki Dukan, Near Shani Mandir, Delhi Gate, Ajmer. 14. Mohandas S/o Naraindas, R/o Jai Ambey Bartan Bhandar, Inform Shani Mandir, Delhi Gate, Ajmer. 15. Babu Motwani S/o Chhataram, R/o Fancy Store, In Front Of Shani Mandir, Delhi Gate, Ajmer. 16. Vasdev S/o Chatarumal, R/o House No. 134, Balaji Nagar, Makadwli Road, Vaishali Nagar, Ajmer. 17. Dilip Kumar S/o Chatarumal, R/o House No. 137, Balaji Nagar, Makadwli Road, Vaishali Nagar, Ajmer. 18. Ajeet S/o Chatarumal, R/o House No. 137, Balaji Nagar, Makadwli Road, Vaishali Nagar, Ajmer. 19. Ramesh Tilwani S/o Shri Kishan Chand Tilwani, R/o House No. 1210/18, Shanti Nagar, Ajmer. 20. Sumit Meghani S/o Shri Ramesh Chand Meghani, R/o House No. 110/31, Parbrahama Colony, Sukhadiya Nagar, Ajmer 21. Yogesh Agarwal S/o Shri Ghanshyam Ji Agarwal, R/o Village Nanwa Mithdi, District Nagaur. 22. Smt. Jaya Manglani W/o Shri Suresh Manglani, R/o House No. 24/17, Mundadi Mohallah, Ajmer. 23. Vikky Manglani S/o Sh. Vasumal Ji Manglani, R/o House No. 24/17, Mundadi Mohallah, Ajmer. 24. Kishore Soni S/o Shri Narayan Das Ji, R/o Dargah Bazar, Ajmer. 25. Nagar Nigam, Ajmer Through Its Commissioner. 26. Sub Registrar Second, Registrar Office, Ajmer. [2025:RJ-JP:48597] (3 of 4) [CW-18496/2025] 27. State Of Rajasthan, Through District Collector, Ajmer. 28. Mohan Lal S/o Late Shri Ram Chandra Ji Prajapat, Aged About 66 Years, R/o Sundar Nagar, Beawar, District Ajmer. 29. Smt. Kamla D/o Late Shri Ram Chandra Ji Prajapat, W/o Shri Govardhan Ji Prajapat aged about 71 years, R/o Dhan Mandi, Dargah Bazar, Ajmer ----Respondents For Petitioner(s) : Mr. Samkit Jain on behalf of Mr. Vikas Jain For Respondent(s) : HON'BLE MR. JUSTICE BIPIN GUPTA Order 01/12/2025 1. Learned counsel for the petitioner, by way of the present writ petition, assails the order dated 17.10.2025, whereby on account of the fact that the original documents, namely the will and probate are not in the possession of the defendant Nos. 11 and 12, the application was disposed of. 2. Learned counsel for the petitioner submits that the affidavit filed in compliance of the order passed by this Hon’ble Court dated 11.12.2024, does not strictly conform to the provisions of the Civil Procedure Code. Therefore, since the affidavit does not strictly comply with the requirements of Civil Procedure Code, therefore, the disposal of the application by learned Trial Court is illegal and perverse. Consequently, it deserves to be set aside and his application may kindly be allowed. 3. Heard. 4. This Court finds that initially, an application under Order 11 Rule 12 CPC was filed by the petitioner, merely on the basis of the [2025:RJ-JP:48597] (4 of 4) [CW-18496/2025] reply, the same was disposed of, which was challenged by the petitioner by way of filing the Civil Writ petition No.684/2019. The said writ petition came to be disposed of vide order dated 11.12.2024, permitting the defendant Nos. 11 and 12 to file an affidavit and thereafter to decide the application. In compliance with the order, defendant Nos. 11 and 12 submitted an affidavit categorically stating that the documents are not in their possession and have been handed over to person, to whom they sold the property in dispute. 5. Considering the same, the application has been disposed vide order dated 17.10.2025. 6. This Court finds no error warranting interference under the writ jurisdiction under Article 227 of the Constitution of India. 7. Accordingly, the present Civil Writ Petition is dismissed. 8. All pending application(s), if any, also stand disposed of. (BIPIN GUPTA),J MAHIMA/3