Smt. Sangeeta Agrawal Wife of Shri Sanjeev Agrawal v. Puneet Waliya Son of Shri Virendra Kumar Walia

Rajasthan HC7 Aug 2024CW/6129/2024

Case brief

AI extract

What is this about?

Petitioner challenged trial Court s rejection of video conferencing for cross-examination. Counsel conceded health recovery; imperative directions issued to trial Court to fix specific dates for physical appearance and conclude cross-examination expeditiously pending earlier pandemic delays.

What did the court decide?

Directions to trial Court to fix dates 09th & 10th September 2024 for petitioner s physical appearance and conclude cross-examination; suit to be proceeded expeditiously.

Smt. Sangeeta Agrawal Wife of Shri Sanjeev… — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JP:33625]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 6129/2024

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Smt. Sangeeta Agrawal Wife Of Shri Sanjeev Agrawal, D/o Late Shri Deep Chand Ji Bansal, Resident Of 17/429, Garg Mohalla, Nala Bazar, Ajmer.

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----Petitioner

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Versus

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Puneet Waliya Son Of Shri Virendra Kumar Walia, Resident Of Arawali Nagar B-42 Vaishali Nagar, Ajmer.

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Ajay Singh Rathore Son Of Late Shri Bhanwar Singh, Resident Of House No. 39, Friends Colony, Vaishali Nagar, Ajmer.

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Abhishek Bansal Son Of Late Shri Deep Chandji Bansal, Resident Of 17/429, Garg Mohalla, Nala Bazar, Ajmer.

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Lalit Bansal Son Of Late Shri Deep Chand Bansal, Resident Of 17/429, Garg Mohalla, Nala Bazar, Ajmer.

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Smt. Neeta Bansal Wife Of Shri Deep Chandji Bansal, Resident Of 17/429, Garg Mohalla, Nala Bazar, Ajmer.

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----Respondents

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For Petitioner(s) : Mrs.Anita Aggarwal with Mr.Laxmikant For Respondent(s) : Mr.Udit Sharma

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HON'BLE MR. JUSTICE SUDESH BANSAL Order

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07/08/2024

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The instant petition has been listed on the application for vacation of stay order dated 24^th April, 2024, however, with the consent of learned counsel for both the parties, the writ petition itself has been heard finally on merits.

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The petitioner is plaintiff and pursuing a Civil Suit No.36/2016, seeking declaration of registered sale deed dated 04^th July, 2016 as null and void as well as for consequential permanent injunction.

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The instant writ petition has been filed by the petitioner,

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raising a grievance that in the month of March, 2024, she got fracture in her leg, thus she was not able to appear before the trial Court physically for completion of cross-examination, hence, she made a prayer before the trial Court to permit her to appear for cross-examination through Video Conferencing, but her prayer was rejected by the trial Court, vide impugned order dated 30^th March, 2024. Therefore, the instant writ petition has been filed under Article 227 of the Constitution of India.

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Learned counsel for the petitioner, on instructions of her client, fairly concedes that with passage of time, the petitioner has recovered her health and is able to appear, in person, before trial Court for her cross examination in the month of September, 2024, on any date, fixed by this Court.

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It has been submitted that petitioner would come from Bangalore, therefore, limited prayer is that on the next date, as fixed by this Court, it may be ensured that defendants should conclude her cross-examination, since she has appeared for as many as 16 times for her evidence.

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Learned counsel, appearing for the respondents-defendants, undertakes to ensure cross-examination of petitioner on the next date, whenever she appears physically before the trial Court.

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In view of above rival contentions advanced by learned counsel for both the parties, the impugned order is modified and petitioner is directed to appear, in person, before the trial Court

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on 09^th & 10^th September, 2024 and on such dates, the defendants shall conclude cross-examination from petitionerplaintiff positively. The trial Court is also directed to fix the present matter for two consecutive dates 09^th & 10^th September, 2024, for which, learned counsel for both the parties has agreed.

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In addition to above, learned counsel for both the parties have apprised this Court that present civil suit was filed by four plaintiffs jointly and earlier two plaintiffs, namely, Abhishek Bansal and Neeta Bansal preferred SB Civil Writ Petition No.3696/2021 (Abhishek Bansal & Anr. Vs. Punit Walia & Ors.), seeking expeditious disposal of the present civil suit, whereon High Court, vide order dated 23^rd March, 2021, issued directions to the trial Court to decide present Civil Suit No.36/2016 expeditiously, but not later than two years from the date of receipt of certified copy of the order.

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It has been informed that both the plaintiffs, named hereinabove, who preferred writ petition for expeditious disposal of the suit, have settled the dispute with the defendants and their names have been deleted. Now, in the changed circumstances, only petitioner, who is plaintiff No.4, is pursuing the present civil suit. It has been apprised that due to noneffective workings of the Court after 23^rd February, 2021 because of Pandemic COVID-19, trial could not be completed within the stipulated period and now both the parties are aggreable to proceed with the trial expeditiously instead of within

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the scheduled time period.

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In view of the above, it is, hereby, observed that the trial Court shall proceed with the trial of present civil suit expeditiously and both the parties shall extend cooperation with the trial Court to expedite the trial.

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With the aforesaid directions, the present writ petition stands disposed of.

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Stay application, application for vacation of stay order as well as all pending application(s), if any, also stand disposed of.

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A copy of this order be sent to the trial Court concerned.

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(SUDESH BANSAL),J

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Preeti Asopa /150

Smt. Sangeeta Agrawal Wife of Shri Sanjeev Agrawal v. Puneet Waliya Son of Shri Virendra Kumar Walia

Case brief

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Smt. Sangeeta Agrawal Wife of Shri Sanjeev Agrawal v. Puneet Waliya Son of Shri Virendra Kumar Walia

Case brief

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What did the court decide?

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