Allowed

Irfan Ahmed Qureshi S/O Shri Kamruddin Qureshi v. Mohammed Salimuddin S/O Babu @ Mohammed Deen Qureshi

Rajasthan HC28 Aug 2024CW/13462/2024

Case brief

AI extract

What is this about?

In a writ petition under Article 227, the High Court quashed orders closing the petitioner-defendant's right to cross-examine respondent-plaintiff No.1 and directed the trial court to fix a date for cross-examination upon payment of costs.

What did the court decide?

Impugned orders dated 29.07.2024 and 31.07.2024 were quashed. Petitioner permitted to cross-examine respondent-plaintiff No.1 on payment of Rs.10,000/-.

Irfan Ahmed Qureshi S/O Shri Kamruddin Qureshi Vs… — Property and Title | Rajasthan HC (2024)

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[2024:RJ-JP:35945]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 13462/2024

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Irfan Ahmed Qureshi S/o Shri Kamruddin Qureshi, Aged About 72 Years, R/o 1197, Mardan Khan Ki Gali, M.d. Road Jaipur (Rajasthan).

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----Petitioner-defendant No.2

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Versus

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Mohammed Salimuddin S/o Babu @ Mohammed Deen Qureshi, R/o Gali Kamelan Moti Dongri Road, Jaipur.

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Umardeen @ Moinuddin S/o Babu @ Mohammed Deen Qureshi, R/o Gali Kamelan Moti Dongri Road, Jaipur.

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----Respondents-Plaintiffs

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Shahbuddin S/o Noor Mohammed, R/o House No. 1632, Gali Kamelan Moti Dongri Road, Jaipur (Died During Suit) Through Legal Representative

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3/1 Aminuddin S/o Late Shahbuddin, R/o House No. 1632, Gali Kamelan Moti Dongri Road, Jaipur.

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3/2 Riyazuddin S/o Late Shahbuddin, R/o House No. 1632, Gali Kamelan Moti Dongri Road, Jaipur.

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3/3 Nooruddin S/o Late Shahbuddin, R/o House No. 1632, Gali Kamelan Moti Dongri Road, Jaipur.

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3/4 Firojuddin S/o Late Shahbuddin, R/o House No. 1632, Gali Kamelan Moti Dongri Road, Jaipur.

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3/5 Salimuddin S/o Late Shahbuddin, R/o House No. 1632, Gali Kamelan Moti Dongri Road, Jaipur.

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3/6 Guddi D/o Late Shahbuddin W/o Mohammed Sahid, R/o Nasirabad, Near Badi Masjid, Vyapariyo Ka Mohalla, District Ajmer.

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----Proforma Respondent-Defendant No.1

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For Petitioner(s) : Mr. Mohd. Adil For Respondent(s) : Mr. Aslam Khan

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HON'BLE MR. JUSTICE SUDESH BANSAL Order

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28/08/2024

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Heard counsel for both parties and perused the record.

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By way of instant writ petition, filed under Article 227 of the Constitution of India, petitioner-defendant No.2 has raised a grievance for closing his right to cross-examine the respondentplaintiff No.1-Mohammed Salimuddin, fundamentally on the ground of delay and considering the fact that the present suit bearing No. 327/1990 is pending since 1990.

[2024:RJ-JP:35945]

[CW-13462/2024]

(2 of 2)

It appears that respondents-plaintiffs have filed the present civil suit for possession and permanent injunction, wherein petitioner has been added as defendant on his application under Order 1 Rule 10 CPC vide order dated 20.04.2018. Thereafter, petitioner has filed his written statement and issues have been amended.

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Having considered the nature of civil suit and the fact that petitioner has been impleaded in the present suit in 2018 only, this Court finds that one opportunity to cross-examine the respondentplaintiff No.1-Mohammed Salimuddin ought to be given to the petitioner, subject to payment of cost of Rs.10,000/- to respondentplaintiff No.1-Mohammed Salimuddin to which counsel appearing on behalf of respondent-plaintiff No.1 also does not dispute.

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In view of above, the impugned orders dated 29.07.2024, closing the right of cross-examination by petitioner from respondent-plaintiff No.1 and the order dated 31.07.2024, dismissing his application to grant opportunity to cross-examine are hereby quashed. Petitioner-defendant No.2 is permitted to crossexamine the respondent-plaintiff No.1-Mohammed Salimuddin on payment of cost of Rs.10,000/- to him.

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The trial Court is directed to fix any date for appearance of respondent-plaintiff No.1-Mohammed Salimuddin for crossexamination by the petitioner-defendant No.2.

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With the aforesaid observation, the writ petition is disposed of.

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All pending application(s), if any, stand(s) disposed of.

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(SUDESH BANSAL),J

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RONAK JAIMAN/52

Irfan Ahmed Qureshi S/O Shri Kamruddin Qureshi v. Mohammed Salimuddin S/O Babu @ Mohammed Deen Qureshi

Case brief

What is this about?

What did the court decide?

Irfan Ahmed Qureshi S/O Shri Kamruddin Qureshi v. Mohammed Salimuddin S/O Babu @ Mohammed Deen Qureshi

Case brief

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What did the court decide?

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