Dismissed

Habibulla S/O Vahidulla @ Achhu Kha v. Nagar Parishad Tonk

Rajasthan HC7 Dec 2023CW/4410/2023

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition challenging the rejection of an application to produce additional witnesses in a property suit. The Court held that the trial court correctly refused the request as the petitioner closed his evidence years ago without necessity.

What did the court decide?

Writ petition dismissed; stay application and pending applications dismissed.

Habibulla S/O Vahidulla @ Achhu Kha Vs Nagar Parishad… — Property and Title | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 4410/2023

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Habibulla S/o Vahidulla @ Achhu Kha, Aged About 69 Years, R/o Mehandi Bagh Tonk, Tehsil And Distt. Tonk Rajasthan.

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----Petitioner

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Versus

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Nagar Parishad Tonk, Through Commissioner, Nagar Parishad Tonk, Rajasthan.

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State Of Rajasthan, Through District Collector, Tonk Rajasthan.

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Smt. Jebunnisa @ Jebun D/o Vahidulla @ Achhu Kha, Aged About 64 Years, R/o Mehndi Bagh Tonk, Tehsil And Distt. Tonk Rajasthan.

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Nurunnisa D/o Vahidulla @ Achhu Kha, Aged About 62 Years, R/o Mehndi Bagh Tonk, Tehsil And Distt. Tonk Rajasthan.

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Mehrunnisa D/o Vahidulla @ Achhu Kha, Aged About 56 Years, R/o Mehndi Bagh Tonk, Tehsil And Distt. Tonk Rajasthan.

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Kherunnisa D/o Vahidulla @ Achhu Kha, Aged About 60 Years, R/o Mehndi Bagh Tonk, Tehsil And Distt. Tonk Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. TC Sharma For Respondent(s) :

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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07/12/2023

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The instant writ petition has been filed by the petitioner against the impugned order dated 02.01.2023 passed by the Additional Civil Judge, Tonk in Civil Suit No.46/2006 by which the

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[CW-4410/2023]

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(2 of 3)

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application filed by the petitioner under Section 151 CPC for producing certain witnesses have been rejected.

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Admittedly, after availing several opportunities and after recording the evidence of the material witnesses the evidence of the petitioner was closed on 14.09.2021 on the basis of statement made by the plaintiff himself that he does not want to lead further evidence and thereafter the evidence of the other sides were recorded and the case was posted for final arguments on 24.08.2022. On the said day, the plaintiff sought time to argue the matter finally and the case was posted on 21.09.2022 and at this stage an application was submitted by the petitioner to produce more witnesses. The said application was rejected by the trial Court by observing therein that after availing several opportunities and after examining the material witnesses, the evidence of the petitioner was closed at his instance way back in the year 2021 itself. The Court was of the view that the application was submitted by the petitioner to delay the disposal of the suit. During the course of arguments a pin pointed query was made to the counsel for the petitioner that in what manner the evidence of the tenant is essential. No satisfactory reply has been submitted.

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In the considered opinion of this Court the plaintiff has to establish his case on the basis of the documentary evidence, as well as oral evidence produced by himself that a tenant cannot prove the right title of the petitioner, hence in the considered opinion of this Court, the trial Court has not committed an error in rejecting the application filed by the petitioner.

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(3 of 3)

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[CW-4410/2023]

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The writ petition is found to be devoid of merit and the

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same is hereby dismissed.

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Stay application and all pending applications, if any, also stand dismissed.

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(ANOOP KUMAR DHAND),J

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KuD/2

Habibulla S/O Vahidulla @ Achhu Kha v. Nagar Parishad Tonk

Case brief

What is this about?

What did the court decide?

Habibulla S/O Vahidulla @ Achhu Kha v. Nagar Parishad Tonk

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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