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2025 DAILYLAW 46720 (RAJ)

HANSRAJ POONIA S/O SHRI BHOLURAM POONIA v. MRS. REKHA CHOUDHARY W/O HANSRAJ POONIA, D/O UMRAO JAT

CW/17361/2025 · 2025-11-26

Bipin Gupta

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:47944] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17361/2025 Hansraj Poonia S/o Shri Bholuram Poonia, Aged About 27 Years, R/o Pooniyon Ki Dhani, Village Bhainsawa, District Jaipur ----Petitioner Versus Mrs. Rekha Choudhary W/o Hansraj Poonia, D/o Umrao Jat, Aged About 27 Years, R/o Village Sali Narena, District Jaipur ----Respondent For Petitioner(s) : Mr. Chitransh Mathur, Adv. for Mr. Devkrishna Purohit, Adv. HON'BLE MR. JUSTICE BIPIN GUPTA Order 26/11/2025 1. The present writ petition has been filed assailing the order dated 30.05.2025 passed by Senior Civil Judge and Additional Chief Judicial Magistrate No.2, Jaipur Metropolitan II, Jaipur whereby the application of the plaintiff for appointment of Commissioner has been rejected. 2. It is contended by learned counsel for the petitioner that he had filed an application for appointment of Commissioner for the purpose of finding out the possession of the parties on the disputed property, which has been illegally rejected. 3. This Court finds that the suit filed by the plaintiff is in regard to declaration of the gift deed dated 24.07.2023 to be null and void. For the purpose of said declaration there is no requirement of appointing any Commissioner for the purpose of collecting the evidence in regard to possession. [2025:RJ-JP:47944] (2 of 2) [CW-17361/2025] 4. Thus, learned trial Court has not committed any illegality in rejecting the application of the plaintiff so as to fall for interference under Article 227 of the Constitution of India. Therefore, the writ petition being devoid of merit is dismissed. 5. Pending application(s), if any, also stands disposed of. (BIPIN GUPTA),J TANISHA /23