Smt. Vimla Devi Jain Wife of Shri N.K. Jain Vs Dr. Yamin Ali Khan S/O Shri Yasin Ali Khan

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 18473/2016

Smt. Vimla Devi Jain Wife Of Shri N.k. Jain, Aged About 61 Years, Resident Of Kiledar Ji Ka Gher, Subhash Bazar, Tonk (Raj.)

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----Petitioner

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Versus

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Dr. Yamin Ali Khan S/o Shri Yasin Ali Khan, Resident Of Kiledar Ji Ka Gher, Subhash Bazar, Tonk (Deceased Through Lr.s)

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1/1. Smt. Nawal-Al-Umer Wife Of Late Shri Yamin Ali Khan, Resident Of Kiledar Ji Ka Gher, Subhash Bazar, Tonk.

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Ayaz Ahmed Authorized Person Dr. Yamin Ali Khan, Respondent No. 1.

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Shri Umraomal Jain S/o Late Ratan Lal Ji Bum, Resident Of Kiledar Ji Ka Gher, Subhash Bazar, Tonk (Raj.) (Since Deceased) Through Lrs.

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3/1. Yashwant Rai S/o Late Umraomal Jain, Aged About 65 Years, Resident Of Gher Kiledaran Near Kotwali, Subhash Bazar, Tonk (Raj.) At Present Resident Of 21/2, Nootan Cooperative Society Mahalaxmi Paldi Ahemdabad, Gujrat3800072.

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3/2. Balwant Rao S/o Late Umraomal Jain, Aged About 58 Years, Resident Of Gher Kiledaran Near Kotwali, Subhash Bazar, Tonk (Raj.) At Present Resident Of 13, White House Park, Singapore- 257631.

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3/3. Jainendra Rao W/o Late Umraomal Jain, Resident Of Gher Kiledaran Near Kotwali, Subhash Bazar, Tonk (Raj.) At Present Resident Of Varon Nakhron Clonsen 1867/66, Tridoj City, Mareena Bankok Thailand 10600.

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3/4. Smt. Rajshree Chopra D/o Late Umraomal Jain, Aged About 52 Years, Resident Of Gher Kiledaran Near Kotwali, Subhash Bazar, Tonk (Raj.) At Present Resident Of 31, Sthanakwasi Jain Society, Near Narayanpura, Railway Crossing, Ahemdabad City, Narayanpura Extension, Gujrat-380013.

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Shri Subhagmal Jain Kekriwale S/o Late Shri Sambhir Ji Lodha, Resident Of Babu Chandanmal Ji Ka Rasta, Purani Tonk Through Subhagmal Vijay Kumar Kekriwale, Cloth

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Merchant, Chintamani Complex, Subhash Bazar, Tonk (Raj.) (Since Deceased)

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4/1. Smt. Shanti Kumari W/o Sobhagmal Lodha, Aged About 83 Years, R/o Babu Chandanmal Ji Ka Rasta, Purani Tonk, District Tonk (Raj.)

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4/2. Sunil Kumar S/o Sobhagmal Lodha, Aged About 83 Years, R/o Babu Chandanmal Ji Ka Rasta, Purani Tonk, District Tonk (Raj.)

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4/3. Anil Kumar S/o Sobhagmal Lodha, Aged About 56 Years, R/o 702, Shalin Apartment, Ghuddod Road, Surat (Gujrat)

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4/4. Rajendra Kumar Lodha S/o Sobhagmal Ji Jain, Aged About 69 Years, R/o New Cloth Market C/o Rajeev Traders, Gumanpura, Kota (Raj.)

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4/5. Vijay Kumar S/o Shri Sobhagmal, Aged About 62 Years, Resident Of Shivshakti Apartment, Ghuddod Road, Surat (Gujrat).

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4/6. Mahrendra Kumari D/o Sobhagmal W/o Devraj Ji, Aged About 60 Years, R/o Mehrashi Gautam Marg, Plot No. 80/348, Mansarovar, Jaipur (Raj.)

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4/7. Nirmala Kumari D/o Sobhagmal W/o Parasmal, Aged About 58 Years, R/o Ismit Apartment, Aurangabad (Maharasta).

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4/8. Urmila Kumari D/o Sobhagmal W/o Ummedmal Ji Mahajan, Aged About 56 Years, R/o Plot No. D-210, Avenue, Ghuddod Road, Surat (Gujrat).

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4/9. Pramila Kuamri D/o Sobhagmal W/o Rajesh Kumar, Aged About 50 Years, R/o Devalya Sudharipura, Javra (M.p.)

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4/10 Shimla Kumari W/o Mukesh Kumar Ji Mahajan, Aged . About 48 Years, Resident Of Devashish, Aana Sagar Link Road, Ajmer (Raj.)

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Sunil Kuar S/o Subhagmal Jain Kekriwale, Resident Of Chintamani Complex, Subhash Bazar, Tonk (Raj.)

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Anil Kumar S/o Shri Subhagmal Jain Kekriwale, Resident Of Chintamani Complex, Subhash Bazar, Tonk (Raj.)

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Padam Chand Jain Andra S/o Late Shri Ratanlal Ji Jain Andra, Katla Ratangiri Traders, Subhash Bazar, Tonk (Raj.)

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Dharmchand Jain Andra S/o Late Shri Ratanlal Ji Jain Andra, Katla Ratangiri Traders, Subhash Bazar, Tonk (Raj.)

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Mujjafar Rulla Khan S/o Late Shri Safiullah Khan, Aged About 75 Years, Resident Of Kiledar Ji Ka Gher, Subhash Bazar, Tonk (Raj.)

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Mohd. Yusuf Izazi S/o Not Known, Owner And Proprietor Regional Public School, Kiledar Ka Gher, Subhash Bazar, Tonk (Raj.)

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Ahmed Bux Patel S/o Rahim Bux, Resident Of Kiledar Ji Ka Gher, Subhash Bazar, Tonk (Raj.) (Since Deceased Through Lrs.)

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11/1 Mukthyar Miya S/o Ahmed Bux, Resident Of Kiledar Ka Gher, Subhash Bazar, Tonk (Raj.)

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11/2 Mehmood Ahmed S/o Ahmed Bux Patel, Resident Of Kiledar Ka Gher, Subhash Bazar, Tonk (Raj.)

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11/3 Mohd. Umer S/o Ahmed Bux Patel, Resident Of Kiledar Ka Gher, Subhash Bazar, Tonk (Raj.)

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11/4 Munna Choudhary S/o Ahmed Bux Patel, Resident Of Kiledar Ka Gher, Subhash Bazar, Tonk (Raj.)

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11/5 Mohd. Miya S/o Ahmed Bux Patel, Resident Of Kiledar Ka Gher, Subhash Bazar, Tonk (Raj.)

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Shri Prem Chand Choudhary S/o Kalyan Ji Jat, Resident Of Hadi Khurd Gaon, Tehsil Piplu, District Tonk Kiledar Ji Ka Gher, Subhash Bazar, Tonk (Raj.)

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Smt. Huma Begum W/o Late Shri Khan Bhadur Mehmood Khan, Aged About 85 Years, Resident Of Mohalla Shorgaran, Tonk (Raj.) (Deceased Name Deleted)

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----Respondents

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For Petitioner(s) : Mr. Praveen Kumar Jain, Adv. For Respondent(s) : Mr. Anubhav Agarwal, Adv.

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

21/01/2025

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This Civil Writ Petition has been filed by the petitionerplaintiffs (for short 'the plaintiff') against the order dated 18.11.2016 passed by Civil Judge, Tonk in civil case No.5/2008, whereby the application filed by the plaintiff under Order 7 Rule 14(3) has been dismissed.

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Learned counsel for the plaintiff submits that plaintiff filed a suit for permanent, prohibitory and mandatory injunction against the respondents-defendants (for short 'the defendants') in which plaintiff filed an application under Order 7 Rule 14(3) CPC for taking the documents (i.e. original registry deed dated 24.06.1978, alongwith blue print of map) on record, but trial court vide order dated 18.11.2016 dismissed the said application filed by the plaintiff. Learned counsel for the plaintiff further submits that documents in question are public documents and they were necessary to be taken on record for adjudication of the suit. So, the order dated 18.11.2016 passed by the trial Court be set aside and the documents filed by the plaintiff be taken on record.

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Learned counsel for the defendants has filed an application (I.A. No. 1/2024) in which it was mentioned that they have no objection if the said documents filed by the plaintiff are taken on record.

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I have considered the arguments advanced by learned counsel for the plaintiff as well as learned counsel for the defendants and perused the impugned order.

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Taking into consideration the facts and circumstances of the case and more particularly in view of the fact that the documents in question are public documents and more particularly in view of

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no objection of counsel for the defendant(s), I deem it fit to allow the petition filed by the plaintiff.

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Accordingly, the petition filed by the plaintiff is allowed. The order dated 18.11.2016 passed by the trial Court is set aside. The trial Court is directed to take the plaintiff’s documents on record.

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Pending application(s), if any, stand(s) disposed of.

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(NARENDRA SINGH DHADDHA),J

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Gourav/75

Smt. Vimla Devi Jain Wife of Shri N.K. Jain v. Dr. Yamin Ali Khan S/O Shri Yasin Ali Khan

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Smt. Vimla Devi Jain Wife of Shri N.K. Jain v. Dr. Yamin Ali Khan S/O Shri Yasin Ali Khan

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