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2026 DAILYLAW 5898 (RAJ)

JAGDISH CHANDRA AND ANR v. KEWAL CHAND

CW/17879/2017 · 2026-03-16

Bipin Gupta

body2026

Judgment text

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[2026:RJ-JP:10925] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17879/2017 1. Jagdish Chandra S/o Late Shri Nathu Lal Soni Abu Wala 2. Tejpal S/o Late Shri Nathu Lal Soni Abu Wala, Both Are R/ o Sanatan School Marg, Near Rathi Ji Ki Hawali, Shahpura Mohalla, Beawar, District Ajmer Raj.. ----Plaintiffs/Petitioners Versus Kewal Chand S/o Late Shri Mishri Lal Soni Proprietor M/s Shri Kesariya Ji Jewelers, R/o Sanatan School Marg, Near Rathi Ji Ki Hawali, Shahpura Mohalla, Beawar, District Ajmer Raj.. ----Defendant/Non-Petitioner For Petitioner(s) : Mr. Jai Prakash Gupta For Respondent(s) : HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 16/03/2026 1. Without pressing the writ petition on merits, learned counsel for the petitioner submits that liberty may be granted to him to file the original counterfoils of receipts bearing Serial Nos. 1 to 21 as well as the original will. However, he further prays that the learned Trial Court may either return the originals after keeping the compared copies on record, or after the evidence is recorded and the documents are exhibited, by retaining certified copies on record, as the originals are required by the petitioner in other proceedings as well as during the course of ordinary business. 2. Despite service, no one has appeared to oppose the prayer made by the petitioner. 3. Therefore, this Court deems it appropriate to direct that the petitioner shall be at liberty to file the original will as well as the [2026:RJ-JP:10925] (2 of 2) [CW-17879/2017] counterfoils of receipts bearing Serial Nos. 1 to 21 before the learned Trial Court, which shall take the same on record. 4. Upon production of the original documents by the plaintiff– petitioner, the learned Trial Court may retain compared copies thereof and return the originals at this stage itself. Alternatively, if the learned Trial Court deems it appropriate, it may, after exhibition of the documents and by retaining certified copies on record, return the originals to the plaintiff upon an appropriate application being filed in the suit. 5. With the above observations, the Civil Writ petition stands disposed of. 6. All pending applications, if any, stand disposed of. (BIPIN GUPTA),J KRATIKA /71