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2025 DAILYLAW 46136 (RAJ)

RAMESH CHAND S/O SHRI SANWAL RAM v. RAMLAL S/O JAIKISHAN

CW/16743/2025 · 2025-11-06

Maneesh Sharma

body2025

Judgment text

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[2025:RJ-JP:44582] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16743/2025 Ramesh Chand S/o Shri Sanwal Ram, Aged About 50 Years, R/o Village Mitrapura, Tehsil Bonli, District Swai Madhopur (Raj). ----Petitioner Versus 1. Ramlal S/o Jaikishan, Aged About 60 Years, R/o Village Nantodi, Tehsil Bonli, District Sawai Madhopur (Raj). 2. Kajod S/o Sitaram, Aged About 45 Years, R/o Village Nantodi, Tehsil Bonli, District Sawai Madhopur (Raj). 3. Rajulal S/o Mannalal, Aged About 28 Years, R/o Village Rungati, Tehsil Bonli, District Sawai Madhopur (Raj). 4. Gopal Lal S/o Sohan Lal, Aged About 60 Years, R/o Village Mitrapura, Tehsil Bonli, District Sawai Madhopur (Raj). 5. Sub-Registrar And Tehsildar, Bonli, District Sawai Madhopur (Raj). 6. State Of Rajasthan, Through District Collector, District Sawai Madhopur (Raj). ----Respondents For Petitioner(s) : Mr. Ashindra Gautam with Ms. Vijay Laxmi For Respondent(s) : HON'BLE MR. JUSTICE MANEESH SHARMA Order 06/11/2025 1. Learned counsel for the petitioner fairly submits that though, by the impugned order dated 03.10.2025 passed by the learned Senior Civil Judge-cum-Additional Chief Judicial Magistrate, Bonli, District Sawai Madhopur, in Civil Suit No. 32/2018, the application filed by respondents/plaintiffs No. 1 and 2 under Section 65 of the Bharatiya Sakshya Adhiniyam, 2023 was allowed, granting liberty [2025:RJ-JP:44582] (2 of 2) [CW-16743/2025] to lead secondary evidence in respect of Patta No. 8; although the respondents/plaintiffs No. 1 and 2 have failed to lead any evidence during the pendency of the writ petition, and consequently, their right to lead evidence in the suit stands closed; thus, the present writ petition has become infructuous. 2. In view of the above, the present writ petition is dismissed as having been rendered infructuous, with liberty to the petitioner to move an appropriate application for revival, in case the evidence is reopened or the cause of action survives. 3. The stay application, as well as the other pending applications, also stand disposed of. (MANEESH SHARMA),J Seema/24