Allowed

Mali Ram and Anr. v. Mukesh Kumar and Ors.

Rajasthan HC8 Feb 2008CW/8514/2007

Case brief

AI extract

What is this about?

This court disposed of a writ petition challenging a district judge's order on a civil suit regarding a Court Commissioner's report, directing the trial court to consider both reports while deciding the suit.

What did the court decide?

Directive to the trial court to take into consideration both the Court Commissioner's report dated 17.8.2007 and the additional report dated 28.10.2007 while deciding the suit.

Mali Ram and Anr. Vs Mukesh Kumar and Ors. — Property and Title | Rajasthan HC (2008)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

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S.B. CIVIL WRIT PETITION NO.8514/07

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Mali Ram & Anr. Vs. Mukesh Kumar & Ors.

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Date of order : 8/2/2008.

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HON'BLE MR.JUSTICE MOHAMMAD RAFIQ

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Shri A.K. Bhandari, Sr. Advocate with
Shri Kinshuk Jain for the petitioners.
Shri I.R. Saini for the respondent.

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******

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The writ petition has been filed
challenging the order dated 27.9.2007
passed by the learned District Judge,
Jhunjhunu.

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Learned counsel for the petitioners
now confines his relief to the extent of
direction to court below that report of
the Court Commissioner which according to
petitioners is submitted in two parts
should be taken into consideration while
deciding the civil suit.

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Learned counsel for the respondent
however submits that there is only one
report of the Commissioner.

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On perusal of the report of the Court
Commissioner, which has been filed with
the writ petition at Annexure-12, it is
evident that this report dated 17.8.2007

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runs into four pages whereas subsequently
learned trial court has forwarded copy of
one more report with its letter dated
1.11.2007, which runs into two pages and
is dated 28.10.2007. Learned counsel for
the parties agree that the petition may be
disposed of with direction to the trial
court to take into consideration both the
aforesaid reports.

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The writ petition is according decided
and the trial court is directed to take
into consideration both the aforesaid
reports while deciding the suit in
question as expeditiously as possible.

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The writ petition is accordingly
disposed of.

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 (MOHAMMAD RAFIQ), J.

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RS/

Mali Ram and Anr. v. Mukesh Kumar and Ors.

Case brief

What is this about?

What did the court decide?

Mali Ram and Anr. v. Mukesh Kumar and Ors.

Case brief

What is this about?

What did the court decide?

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