Allowed

Ramkishan S/O Shri Govindram v. Roopkishore S/O Basantilal

Rajasthan HC3 Feb 2022CW/18813/2018

Case brief

AI extract

What is this about?

The High Court allowed the writ petition filed under Order 22 Rule 3 CPC, granting the petitioners a last and single opportunity to cross-examine the respondent-PW1 within one month, staying trial court proceedings pending this opportunity.

What did the court decide?

Application under Order 22 Rule 3 CPC allowed; trial court directed to conduct cross-examination of respondent-PW1 within one month.

Ramkishan S/O Shri Govindram Vs Roopkishore S/O… — Landlord and Tenant | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 18813/2018

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Ramkishan S/o Shri Govindram, aged about 85 years, R/o Mohalla Patayari Ki Dungari, Rajgarh, District Alwar (since deceased through his Legal Heirs.)

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1/1 Kaluram Saini S/o Late Ramkishan, aged about 65 years 1/2 Ram Khiladi Saini S/o Late Ramkishan, aged about 55 years Both R/o Mohalla Patayari Ki Dungari, Rajgarh, District Alwar 1/3. Lali Devi D/o Ramkishan Saini, W/o Ramjilal Saini, aged about 50 years, Village Satana, Tehsil Malakheda, District Alwar.

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----Petitioner

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Versus

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Roopkishore S/o Basantilal, R/o Saray Mohalla, Rajgarh, District Alwar

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----Respondent For Petitioner(s) : None present For Respondent(s) : Mr. Mohd. Adil, through V.C.

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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03/02/2022

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Learned counsel for the respondent submits that the petitioner is adopting delay tactics. He has filed present application under Order 22 Rule 3 for taking on record of LRs at very belated stage, in spite of categorical orders and directions of the court dated 22.08.2019 and 16.08.2021. Learned counsel submits that the landlord-respondent is more than 85 years of age and wants to see disposal of the case during his life time. With the compelling circumstances, he submits that without prejudice to the merits of the case, the prayer of the writ petitioners be allowed as because of the said reason the proceedings before the

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(2 of 2)

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[CW-18813/2018]

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learned trial court are stayed since 15.03.2019. Learned counsel further submits that to lead the evidence the present writ petition can be allowed with a last and single opportunity being given to the petitioner to appear before the learned trial court.

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In view of said fact and for fair justice this court deems it appropriate to allow the writ petition with a direction that crossexamination of Roopkishore PW-1 be conducted by the trial court within a period of one month and last and single opportunity be given, if the said proceeding is availed by the petitioner within a given time of one month and the cross examination is conducted on a single date, the respondent has no objection and if the petitioner did not avail the given opportunity, matter can be decided on its own merits.

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In view of above observation, the present writ petition stands disposed of and the trial court is directed to carry out above directions as expeditiously as possible.

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Application under Order 22 Rule 3 is allowed.

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All pending applications are also disposed of.

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JKP/17

Ramkishan S/O Shri Govindram v. Roopkishore S/O Basantilal

Case brief

What is this about?

What did the court decide?

Ramkishan S/O Shri Govindram v. Roopkishore S/O Basantilal

Case brief

What is this about?

What did the court decide?

What the court decided

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