Dismissed

Hukam Chand Son of Late Shri Bajrang Lalji v. Hanuman Son of Shri Ram Narayanji

Rajasthan HC28 Aug 2024CW/13734/2024

Case brief

AI extract

What is this about?

This Order dismisses a writ petition challenging a trial court's interlocutory order declining to appoint a site commissioner. The High Court held that site commissioners cannot be appointed to collect evidence or assist parties in procuring it, finding no illegality in the impugned order.

What did the court decide?

The writ petition was dismissed.

Hukam Chand Son of Late Shri Bajrang Lalji… — Civil Procedure and Limitation | Rajasthan HC (2024)

¶1

[2024:RJ-JP:36028]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Civil Writ Petition No. 13734/2024

¶4

Hukam Chand Son Of Late Shri Bajrang Lalji, Aged About 47 Years, Resident Of Mohalla Aheerwada, Kaithun, Tehsil Ladpura, Distt. Kota.

¶5

Kishan Lal Son Of Late Shri Bajrang Lalji, Aged About 42 Years, Resident Of Mohalla Aheerwada, Kaithun, Tehsil Ladpura, Distt. Kota.

¶6

Brijmohan Son Of Late Shri Bajrang Lalji, Aged About 40 Years, Resident Of Mohalla Aheerwada, Kaithun, Tehsil Ladpura, Distt. Kota.

¶7

Satya Narayan Son Of Late Shri Bajrang Lalji, Aged About 33 Years, Resident Of Mohalla Aheerwada, Kaithun, Tehsil Ladpura, Distt. Kota.

¶8

Smt. Lalita D/o Late Shri Bajrang Lalji, Aged About 39 Years, Resident Of Mohalla Aheerwada, Kaithun, Tehsil Ladpura, Distt. Kota.

¶9

Smt. Babli D/o Late Shri Bajrang Lalji, Aged About 38 Years, Resident Of Mohalla Aheerwada, Kaithun, Tehsil Ladpura, Distt. Kota.

¶10

----Petitioners

¶11

Versus

¶12

Hanuman Son Of Shri Ram Narayanji, Resident Of Ward No. 1, Jamuniya Kuwa, Opposite Bheruji Road, Kaithun, Tehsil Ladpura, Distt. Kota.

¶13

Radhakishan Son Of Shri Ram Narayanji, Aged About 62 Years, Resident Of Ward No. 1, Jamuniya Kuwa, Opposite Bheruji Road, Kaithun, Tehsil Ladpura, Distt. Kota.

¶14

Amrit Lal Son Of Shri Ram Narayanji, Aged About 60 Years, Resident Of Ward No. 1, Jamuniya Kuwa, Opposite Bheruji Road, Kaithun, Tehsil Ladpura, Distt. Kota.

¶15

Jawahari Lal Son Of Shri Ram Narayanji, Aged About 57 Years, Resident Of Ward No. 1, Jamuniya Kuwa, Opposite Bheruji Road, Kaithun, Tehsil Ladpura, Distt. Kota.

¶16

Bhag Chand Son Of Shri Ram Narayanji, Aged About 52 Years, Resident Of Ward No. 1, Jamuniya Kuwa, Opposite Bheruji Road, Kaithun, Tehsil Ladpura, Distt. Kota.

¶17

Nagar Palika Kaithun, Through Executive Officer, Nagar Palika Kaithun, Kota.

¶18

----Respondents

¶19

For Petitioner(s) : Mr. Pradeep Singh For Respondent(s) :

(2 of 2)

[2024:RJ-JP:36028]

[CW-13734/2024]

HON'BLE MR. JUSTICE SUDESH BANSAL

¶24

Order

¶25

28/08/2024

¶26

Instant writ petition has been filed under Article 227 of the Constitution of India, feeling aggrieved by the interlocutory order dated 20.07.2024 passed in Civil Suit (CIS No.51/2022) passed by the Additional Civil Judge No.4, Kota (South), declining the prayer of petitioners to appoint the Commissioner for site inspection.

¶27

Heard counsel for petitioners and perused the record.

¶28

From perusal of impugned order dated 20.07.2024, it appears that the trial Court has observed that the Commissioner has been sought to be appointed for the purpose of concluding evidence, therefore, the trial Court granted liberty to petitionersdefendants to adduce their evidence in the suit and declined to appoint the Commissioner.

¶29

In view of the settled proposition of law that the Commissioner to inspect the site cannot be appointed for the purpose of collecting the evidence or to assist either of the parties to the suit to procure the evidence, this Court does not find any illegality or jurisdictional error in the impugned order, warranting interference under Article 227 of the Constitution of India.

¶30

As a result, instant writ petition is hereby dismissed.

¶31

Stay application and other pending application(s), if any, also stand disposed of.

¶32

(SUDESH BANSAL),J

¶33

NITIN /69

Hukam Chand Son of Late Shri Bajrang Lalji v. Hanuman Son of Shri Ram Narayanji

Case brief

What is this about?

What did the court decide?

Hukam Chand Son of Late Shri Bajrang Lalji v. Hanuman Son of Shri Ram Narayanji

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Radheyshyam S/O Doodha Vs State of Rajasthan

M/S Jhanwar Medical Agency Vs State of Rajasthan

Mahatma Jyotiba Phule Sansthan Hindoli District Bundi Vs State of Rajasthan

Ummedi and Ors. Vs Bor Ajmer and Ors.

Smt. Keshar W/O Dhaniram Vs Rambharosi, Son of Badle

Jagdish Narayan S/O Late Panchuram Meena Vs Rajasthan Housing Board