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2025 DAILYLAW 45748 (RAJ)

SMT. LAXMI DEVI W/O SH. BANWARI LAL SHARMA v. RAJESH SHARMA S/O SH. BANWARI LAL SHARMA

CW/15320/2025 · 2025-12-02

Bipin Gupta

Public Interest Litigationbody2025

Judgment text

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[2025:RJ-JP:49019] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15320/2025 Smt. Laxmi Devi W/o Sh. Banwari Lal Sharma, Aged About 70 Years, R/o House No. 2493, Khzane Walon Ka Rasta, Chokri Topkhana Desh, Jaipur ----Petitioner Versus 1. Rajesh Sharma S/o Sh. Banwari Lal Sharma, Aged About 50 Years, R/o 1798, Kunteto Ka Rasta, Chandpole Bazar, Jaipur. 2. Banwari Lal Sharma S/o Late Sh. Lalliram Sharma, (Expired During Plaint). 2/1. Smt. Renu Sharma, W/o Sh. Rajesh Sharma, aged about 43 years, R/o Tilawat Bhawan, Fourth Crossing, Khzane waon ka Rasta, Chandpole Bazar, Jaipur. 3. Ravi Sharma, S/o Sh. Banwari Lal Sharma 4. Yogesh Chand Sharma, S/o Sh. Banwari Lal Sharma 5. Smt. Shakuntala Sharma, W/o Sh. Ravi Sharma 6. Smt. Payal Sharma W/o Sh. Yogesh Chand Sharma, 3 to 6 resident of House No. 2493, Khzane Walon Ka Rasta, Chokri Topkhana Desh, Jaipur. 7. Smt. Renu Sharma W/o Sh. Rajesh Sharma, R/o 1798, Khutento Ka Rasta, Chandpole Bazar, Jaipur. 8. Bank Of India, Through Branch Managar, M.I. Road, Jaipur. 9. State Bank Of Bikaner and Jaipur, Through Branch Manager, Indra Bazar, Jaipur. 10. Kenra Bank, Through Branch Manager, M.I. Road, Jaipur. ----Respondents For Petitioner(s) : Mr. Manoj Kumar Bhardwaj with Mr. Laxmi Nivas Koli For Respondent(s) : Mr. Kapil Bardhar Mr. Yogesh Kumar Meena with Ms. Anshulika Pareek Mr. Ayush Sharma Mr. Suresh Bairwa [2025:RJ-JP:49019] (2 of 2) [CW-15320/2025] HON'BLE MR. JUSTICE BIPIN GUPTA Order 02/12/2025 1. The present writ petition has been filed assailing the order dated 29.07.2025, whereby the objection of the defendant on admissibility of a document dated 03.06.2014, has been deferred by the learned trial Court, to be decided at the final stage and permitted it to be exhibited. 2. Both the parties are in agreement that if the order is quashed and set aside, and the learned trial Court is directed to decide objections in regard to the insufficiency of the stamp duty as well as registration before proceeding further. Then in that situation, they have no objection. 3. Considering the same, the order dated 29.07.2025 is quashed and set aside, learned trial Court is directed to decide about the admissibility of document on account of insufficiency of stamp duty as well as necessity of registration of document be decided by the trial Court first and thereafter, only it may be permitted to be exhibited. 4. With these observations, the present writ petition stands disposed of. 5. All pending applications, if any, also disposed of. (BIPIN GUPTA),J PARSHANT /63