Dismissed

Harikishan v. Shri Krishan Sharma and Ors.

Rajasthan HC5 Aug 2024CW/12391/2018

Case brief

AI extract

What is this about?

A writ petition under Article 227 challenging an interlocutory order refusing summons to a witness was withdrawn by the petitioner after amicable settlement; the court dismissed it as withdrawn and ordered refund of deposited cost.

What did the court decide?

Petition dismissed as withdrawn at petitioner's request; refund of Rs.15,000 cost deposited by petitioner; pending applications disposed of.

Harikishan Vs Shri Krishan Sharma and Ors. — Civil Procedure and Limitation | Rajasthan HC (2024)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 12391/2018

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Harikishan Son Of Late Shri Prabhudayal, R/o Village Brahmin Bairada, Tehsil Sikrai, District Dausa, Rajasthan.

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----Petitioner

¶5

Versus

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Shri Krishan Sharma, Son Of Late Shri Johrilal, R/o Village Brahmin Bairada, Tehsil Sikrai, District Dausa, Rajasthan, Presently Residing At 555, Rajpoot Colony, Near Government School, Ramchandrapura, Kota, Rajasthan.

¶7

Moolchand Son Of Late Shri Prabhudayal, R/o Village Brahmin Bairada, Tehsil Sikrai, District Dausa, Rajasthan.

¶8

Mohan Lal Son Of Late Shri Prabhudayal, R/o Village Brahmin Bairada, Tehsil Sikrai, District Dausa.

¶9

----Respondents

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

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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05/08/2024

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The petitioner-plaintiff preferred this writ petition, under Article 227 of the Constitution of India, feeling aggrieved by interlocutory order dated 23^rd February, 2018, dismissing his application to summon witness – Amar Singh through the Court.

¶15

It has been pointed out that petitioner deposited cost of Rs.15,000/- before the High Court, to be paid to the respondents before issuance of notices and on deposition of cost of Rs.15,000/-, notices were issued, vide order dated 10^th July, 2018. 3. The petitioner has moved an application bearing No.1/24, seeking withdrawal of writ petition stating inter-alia that parties

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[CW-12391/2018]

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(2 of 2)

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have settled the dispute amicably and the petitioner does not want to pursue the writ petition.

¶19

Accordingly, the application bearing No.1/24, seeking withdrawal of the writ petitioner, is allowed.

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The writ petition is dismissed as withdrawn. The cost of Rs.15,000/-, so deposited by the petitioner, may be refunded to learned counsel for the petitioner.

¶21

Stay application and/or any other pending application(s) also stand/s disposed of.

¶22

(SUDESH BANSAL),J

¶23

Preeti Asopa/251

Harikishan v. Shri Krishan Sharma and Ors.

Case brief

What is this about?

What did the court decide?

Harikishan v. Shri Krishan Sharma and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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