[2025:RJ-JP:5029] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3531/2020 Manoj Dubey S/o Late Shri Awdesh Chand, Aged About 55 Years, R/o Sb-112 Bapu Nagar, Tonk Road, Jaipur. ----Petitioner Versus 1. Smt. Nirmala Dubey W/o Late Shri Anand Swaroop Dubey, R/o Sb-112 Bapu Nagar, Tonk Road, Jaipur. 2. Smt. Deepika D/o Late Anand Swaroop Dubey, Residing At 2-C/11 Indian Airlines Colony Ii. Shanta Kunj Mumbai East, Maharashtra. 3. Smt. Monika D/o Late Anand Swaroop Dubey, R/o S-129 Behind Reliance Fresh Mahesh Nagar Jaipur. 4. Smt. Nidhi D/o Lt. Shri Anand Swaroop Dubey, R/o Plot No- 51 Shiv Colony Shyampura Ward No. 2 Baswada Sahar, Baswada.. 5. Smt. Sita Dubey W/o Late Shri Awdesh Chand, R/o Sb- 112 Bapu Nagar, Tonk Road, Jaipur. 6. Smt. Suman Alias Usha D/o Late Shri Awdesh Chand, R/o Sb-112 Bapu Nagar, Tonk Road, Jaipur. Residing At 886 B- Keshav Nagar Kanpur, Uttar Pradesh. 7. Smt. Asha D/o Late Shri Awdesh Chand, R/o Sona Jhuri Palli Near Kanal Shyamwati Shanty Niketan West Bengal. 8. Shri Rajeev Late Shri Awdesh Chand, R/o Sb-112 Bapu Nagar, Tonk Road, Jaipur. 9. Smt. Kamla Shukla D/o Late Shri Ram Kishore W/o Shri S.m. Shukla, R/o 1082-A New Darpan Colony Gwalior Madhya Pradesh. ----Respondents For Petitioner(s) : Mr. Akash Gupta, Adv. on behalf of Mr. B. L. Agarwal, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 05/02/2025 [2025:RJ-JP:5029] (2 of 3) [CW-3531/2020] This Civil Writ Petition has been filed by the petitioner- defendant No.5 (for short 'the defendant No.5') against the order dated 27.01.2020 passed by Additional District & Sessions Judge No.7, Jaipur Metropolitan in Civil Suit No.19/2013, whereby application under Order 14 Rule 5 read with Section 151 CPC filed by the defendant No.5 has been partly dismissed. Learned counsel for the defendant No.5 submits that respondent Nos.1 to 4-plaintiffs (for short 'the plaintiffs') filed a suit against the defendants for partition in which defendant No.5 filed an application under Order 14 Rule 5 read with Section 151 CPC for framing of the additional issues but trial court vide order dated 27.01.2020 partly dismissed the application filed by the defendant No.5. Learned counsel for the defendant No.5 also submits that trial court had committed error in not framing the additional issues regarding valuation, cancellation of Will and specific relief. So, order dated 27.01.2020 passed by the trial court be set aside and trial court be directed to frame the additional issues as per application filed by the defendant No.5. I have considered the arguments advanced by learned counsel for the defendant No.5 and perused the impugned order. A perusal of order dated 27.01.2020 passed by the trial court reveals that trial court while partly dismissed the application filed by the defendant No.5. So, in my considered opinion, trial court had framed the additional issues which were necessary for adjudication of the suit. So, the present petition being devoid of merit, is liable to be dismissed, which stands dismissed accordingly. [2025:RJ-JP:5029] (3 of 3) [CW-3531/2020] Pending application(s), if any, stand(s) dismissed. (NARENDRA SINGH DHADDHA),J Jatin /75