This order allows the petitioner liberty to file a written statement in an ongoing civil suit, granting temporary relief as the earlier interim order has already substituted the sought remedy.
Liberty granted to file written statement within 4 weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JD:39165]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 1585/2020
Mridula Shaikh W/o Nijam Shaikh, Aged About 64 Years, By Caste Musalman, Resident Of Plot No. 41-A, Bheru Vilas, Near Sardar Club, Airforce, Jodhpur.
----Petitioner
[2023:RJ-JD:39165]
[CW-1585/2020]
(2 of 3)
----Respondents
| For Petitioner(s) | : Mr. Sajjan Singh Rajpurohit |
|---|---|
| For Respondent(s) | : Nonepresent |
HON'BLE MR. JUSTICE ARUN MONGA
Order (oral)
06/11/2023
The matter was heard by a Coordinate Bench of this Court on 06.02.2020 and the following order was passed:-
“It is submitted by learned counsel for the petitioner that by order dated 09.08.2018 noticing the statement on behalf of the counsel for the petitioner, the written statement was closed, which statement in fact was made qua the temporary injunction application and not the suit and the subsequent application filed by the petitioner under Sections 151 and 152 CPC has been rejected.
Further submissions have been made that written statements on behalf of the other defendants are still pending.
In view of the submissions made, issue notice. Issue notice of the stay application also, returnable on 04.03.2020.
Notices when issued be given ‘dasti’ to learned counsel for the petitioner.
In the meanwhile, if the petitioner produces his written statement on the next date fixed before the trial court i.e. 12.02.2020, the same shall be taken on record on petitioner making payment of a cost of Rs.2,500/- to the plaintiffs.
List the petition on 04.03.2020.”
Apropos, on Court’s query, as to whether the written statement has been filed or not, learned counsel for the petitioner is unable to readily respond.
[2023:RJ-JD:39165]
[CW-1585/2020]
(3 of 3)
Be that as it may, nothing survives before this Court, as the relief sought by the petitioner has already been granted by virtue of the interim order aforesaid.
At this stage, learned counsel submits that the cost has been deposited but he is not aware as the written statement has been filed or not.
In case cost is deposited, the petitioner is granted liberty to file written statement within a period of four weeks from today, in case not already filed.
Disposed of accordingly.
(ARUN MONGA),J
100-Ravi/ Divya
Mridula Shaikh W/o Nijam Shaikh
Lalit Singh S/o Late Shri Takhat Singh Ji
Himmat Singh S/o Late Shri Takhat Singh Ji
Rahman Bakhsh S/o Raheem Bakhsh
Mohd. Aslam S/o Raheem Bakhsh
Jaswant Singh S/o Aman Singh
Arun Monga
As recorded by the court registry
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