Allowed

Dilip Methi Son of Late Shri Kailash Methi v. Rajender Kumar

Rajasthan HC19 Nov 2024CW/4112/2024

Case brief

AI extract

What is this about?

The Rajasthan High Court allowed a writ petition challenging a trial court order de-exhibiting a family settlement deed. The High Court set aside the order due to the trial court's failure to provide cogent reasons, remanding the matter for a fresh decision.

What did the court decide?

Order dated 27.02.2024 passed by the trial court is set aside and the matter is remanded to the trial court with direction to decide afresh.

Dilip Methi Son of Late Shri Kailash Methi Vs Rajender Kumar — Partition | Rajasthan HC (2024)

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[2024:RJ-JP:47472]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 4112/2024

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Dilip Methi Son Of Late Shri Kailash Methi, Aged About 57 Years, Resident Of Plot No. 23-A, Vijay Mandir Road, Scheme No. 2, Alwar.

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----Petitioner

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Versus

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Rajender Kumar, Son Of Rameshwar Dayal

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Rameshwar Dayal, Son Of Not Known (Deceased) L.r. In Possession Of Property

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2/1 Yashwant S/o Rameshwar Dayal, R/o Basant Vihar, Plot No.27, Scheme No.3, Alwar, District Alwar (deceased through LRs in possession of property.

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2/1/1 Geeta Devi wife of Yashwant

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2/1/2 Shubham S/o Yashwant

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2/1/3 Shaifali D/o Yashwant R/o 1414, Vijay Nagar, Behind Pragati Hospital, Alwar

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2/2 Amar S/o Late Rameshwar Dayal R/o 27 Basant Vihar, Scheme No.3, Alwar

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2/3 Shrimati Sharbati Devi W/o Late Rameshwar Dayal R/o Khairthal (deceased)

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2/4 Sushila W/o Satish Chand, daughter of Late Rameshwar Dayal R/o Plot No.22, Secheme No.1. Alwar.

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2/5 Usha Devi D/o Late Rameshwar Dayal, R/o Plot No.27 Basant Vihar, Plot No.27, Scheme No.3, Alwar, District Alwar

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Kedarnath Son Of Shri Rameshwardayal, R/o Khairtal Mandi, District Khairtal (Raj.).

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Narender Kumar Son Of Shri Rameshwar Dayal, Resident Of 27, Basant Vihar Scheme N. 3, Alwar (Rajasthan).

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Satish Chand Son Of Ramavtar, R/o 7, Scheme No. 2 Alwar (Raj.).

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Smt. Sushila Devi Wife Of Satish Chand, R/o 7 Scheme No. 2 Alwar, (Raj.).

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Shrimati Rama Devi, Wife Of Ramavtar (Deceased) Through L.rs.

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7/1. Satish Chand Son Of Ramavtar, Resident Of Plot No. 7, Scheme No. 2, Alwar (Rajasthan).

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7/2. Sarla Gupta Daughter Of Ramavtar, Wife Of Dr. R.c. Gupta, Resident Of 49/7 Bungalow Road, Kamla Nagar, New Delhi.

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7/3. Usha Khandelwal Daughter Of Ramavtar, Wife Of Giriraj Prasad, Resident Of M/s Khandelwal Enterprises, Pucca Katra, Barelli (U.p.)

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7/4 Sarita Khandelwal Daughter Of Ramavtar, Wife Of Ashok Khandelwal, Resident Of Assam Tea Store, Subzi Mandi, Gurgaon (Haryana)

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7/5. Beena Khandelwal Daughter Of Ramavtar, Wife Of Shyam Sunder Khandelwal, Resident Of Agarwal Sweet, Ganesh Nagar Paadav Nagar, Flat No. B-4, Opposite Mother Dairy, Shakkarpur, New Delhi.

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Ajay Kumar Son Of Satish Chand, Resident Of Plot No. 22, Scheme No. 1, Alwar, District Alwar.

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Ramdayal Son Of Late Shri Ramswaroop, (Deceased) Through L.rs.

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9/1. Banarsi Devi Wife Of Ramdayal, Resident Of Plot No. 23-A Vijay Mandir Road, Scheme No. 2, Alwar (Rajasthan) (Deceased)

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9/2. Saroj Daughter Of Ramdayal, Wife Of Umesh, Resident Of M/s New Khandelwal Emporium, Opposite Town Hall, Muradabad.

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Raghuveer Sharan Son Of Ramdayal, R/o Plot No. 23A, Scheme No. 2 Vijay Mandir Road, Lajpat Nagar, Alwar (Raj.).

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Umashankar Son Of Ramdayal (Deceased), Through Lrs

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11/1. Kanta Methi, Wife Of Late Shri Uma Shankar

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11/2. Atul Methi Son Of Late Shri Uma Shankar (Deceased), Through Lrs

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11/2/1. Sunita Methi, Wife Of Late Shri Atul Methi

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11/2/2 Aniket Methi, Son Of Late Shri Atul Methi

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11/2/3 Shruti Methi Daughter Of Late Shri Atul Methi, Resident Of 23-A, Lajpat Nagar, Scheme No. 2, Vijay Mandir Road, Alwar, District Alwar (Rajasthan)

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11/3 Amrish Methi Son Of Late Shri Umashankar Methi, Resident Of C-333, Model Town, Malviya Nagar, Jaipur (Rajasthan)

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11/4 Amit Methi, Son Of Late Shri Umashankar Methi

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11/5 Aatish Methi Son Of Late Shri Uma Shankar Methi, Resident Of 23-A, Lajpat Nagar, Scheme No. 2, Vijay Mandir Road, Alwar, District Alwar (Rajasthan)

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12 Ashok Kumar Son Of Ramdayal, Resident Of Plot No. 23-A, Scheme No. 2, Alwar (Rajasthan)

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13 Pradeep Kumar Methi Son Of Shri Raghuveer Sharan, Resident Of Plot No. 23-A, Scheme No. 2, Alwar (Rajasthan).

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14 Kishanlal Mahawar Son Of Harikishan, Resident Of M/s Parish General Store, Near Khandelwal Dharamshala, Bus Stand Road, Alwar (Rajasthan)

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15 Kusumlata Sharma Wife Of Rajender Prasad Sharma, Resident Of Choola, Tehsil Bansoor, District Alwar (Rajasthan)

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16 Kailash Chand Methi S/o Shri Ramdayal Methi, Pesha Vakalat R/o Plot No. 23 A Scheme No. 2 Alwar (Deceased).

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16/1 Smt. Krishna Methi W/o Shri Kailash Chand Methi, R/o Plot No. 23A Scheme No. 2 Alwar.

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16/2 Amita Khandelwal D/o Shri Kailash Chand Methi, R/o Plot No. 23A Scheme No. 2 Alwar.

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16/3 Nisha Gupta D/o Shri Kailash Chand Methi, R/o Plot No. 23A Scheme No. 2 Alwar.

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16/4 Nidhi Khandelwal D/o Shri Kailash Chand Methi, R/o Plot No. 23A Scheme No. 2 Alwar.

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----Respondents

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For Petitioner(s) : Mr. R.K. Mathur, Sr. Adv. assisted by Mr. Aayush Goyal, Adv.

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For Respondent(s) : Mr. J.P. Goyal, Sr. Adv. assisted by Ms. Meenal Bhargava, Adv.

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

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19/11/2024

This civil writ petition has been filed by the petitioner under Article 227 of the Constitution of India against the order dated 27.02.2024 passed by Additional District Judge, Alwar in Suit No.34/15/2004, whereby the application filed by respondentsdefendants (for short ‘the defendants’) has been allowed and the family settlement/partition deed dated 30.05.1992 has been de-exhibited.

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Learned counsel for the petitioner submits that the father of the petitioner filed a partition suit against the defendant Nos.1 to 15 in which the family settlement/partition deed dated 30.05.1992 was exhibited as Exhibit-2. On the application of the defendants, the trial court vide its order dated 27.02.2024 de-exhibited the document. Learned counsel for the petitioner submits that it is settled principle of law that once a document is exhibited, then it cannot be de-exhibited.

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Learned counsel for the petitioner also stated that if there is any deficiency in the stamp, he is ready to pay the same, so order dated 27.02.2024 passed by the trial Court be set aside.

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Learned counsel for the petitioner has placed reliance upon the judgment passed by Division Bench of this Court in D.B. Civil Writ Petition No.15760/2015 titled as “Sanjeev Bhardwaj Vs. Yogeshwar Swaroop Bhatnagar” and in D.B. Civil Writ Petition No. 6437/2013 titled as “Sh. Prahlad Vs. Additional District and Sessions Judge No.2, Jaipur District and Ors” decided on 04.09.2019.

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Learned counsel for the defendants has opposed the arguments advanced by learned counsel for the petitioner and

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submitted that the trial Court rightly de-exhibited the document because the said document was insufficiently stamped and unregistered, so order of the trial Court does not suffer from irregularity and illegality. So, the present petition filed by petitioner being devoid of merit, is liable to be dismissed.

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Learned counsel for the defendants has placed reliance upon the judgment passed by the Hon’ble Apex Court in the case of “ G.M. Shahul Hameed Vs. Jayanthi R. Hegde in Civil Appeal No.1188 of 2015 decided on 09.07.2024 , reported in 2024 6 Supreme 482 .

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I have considered the arguments advanced by learned counsel for the petitioner as well as learned counsel for the defendants.

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It is an admitted position that the trial Court had not given the cogent reason while de-exhibiting the document (Exhibit-2). So, in my considered opinion, order of the trial Court deserves to be set aside.

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Accordingly, the petition filed by the petitioner is allowed and order dated 27.02.2024 passed by the trial Court is set aside and the mater is remanded to the trial court with a direction to decide the matter afresh in light of the above judgments submitted by learned counsel for the petitioner as well as counsel for the defendants and after hearing the arguments of both the parties.

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(NARENDRA SINGH DHADDHA),J

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AVINASH GULERIA /155

Dilip Methi Son of Late Shri Kailash Methi v. Rajender Kumar

Case brief

What is this about?

What did the court decide?

Dilip Methi Son of Late Shri Kailash Methi v. Rajender Kumar

Case brief

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