Allowed

Maganbai Wife of Vishram v. Chanchalrani Daughter of Tilak Wife of Bhihari Lal

Rajasthan HC7 Feb 2025CW/2066/2025

Case brief

AI extract

What is this about?

Writ petition by a defendant challenging closure of her right to file written statement in a suit for cancellation of sale deed and permanent injunction. The High Court set aside the order and directed the trial court to grant one more opportunity to file the written statement, subject to payment of Rs. 5,000 costs.

What did the court decide?

Order dated 29.08.2024 closing right to file written statement set aside; one more opportunity granted subject to Rs. 5,000 cost payable to plaintiff before next hearing.

Maganbai Wife of Vishram Vs Chanchalrani Daughter of… — Property and Title | Rajasthan HC (2025)

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[2025:RJ-JP:5446]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 2066/2025

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Maganbai Wife Of Vishram, Aged About 54 Years, Resident Of 20, Jai Jawan Colony-3, J.L.N. Marg, Jaipur, District JaipurRajasthan.

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----Petitioner

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Versus

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Chanchalrani Daughter Of Tilak Wife Of Bhihari Lal, Aged About 80 Years, Resident Of Dausa, Presently Residing At House No. 410, Ward No. 4, Mehrauli, South Delhi,(Since Deceased)

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1/1. Love Anand Son Of Shyamsunder Anand, Resident Of House No. 410, Ward No. 4, Mehrauli, South Delhi.

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1/2. Kush Anand Son Of Shyamsunder Anand, Resident Of House No. 410, Ward No. 4, Mehrauli, South Delhi.

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1/3. Shivani Anand Wife Of Rahul Arod, Resident Of Wz 1224 A, Rani Bagh, New Delhi

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1/4. Nisha Anand Wife Of Mohit Pal Singh, Resident Of G-41/1. Phase 1, Budh Vihar New Delhi

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Respondent-Plaintiff

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Satpal Son Of Tialk, Aged About 72 Years, Presently Residing At 16/3, Shree Apartment, Mehrauli, Gadarpur, South Delhi.

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Ashok Son Of Tilak, Aged About 71 Years, Resident Of 263/2, Shree Apartment Mehrauli, South Delhi.

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State Of Rajasthan, Through Tehsildar, Dausa.

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Sub-Registrar Dausa, District Dausa.

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----Respondents-Defendants

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For Petitioner(s) : Mr. Maneesh Sharma For Respondent(s) :

[2025:RJ-JP:5446]

[CW-2066/2025]

(2 of 3)

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order

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07/02/2025

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This Civil Writ Petition has been filed by the petitionerdefendant No. 1 (for short ‘the defendant No. 1) against the order dated 29.08.2024 passed by District Judge, Dausa in civil Suit No. 25/2023, whereby the right of defendant No. 1 to file written statement has been closed.

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Learned counsel for the defendant No. 1 submits that the plaintiff-respondent No. 1 (for short ‘the plaintiff’) filed a suit for cancellation of sale deed dated 18.01.2023 and permanent injunction against the defendant No. 1 and respondent Nos. 2 to 5 in which defendant No. 1’s opportunity to file written statement has been closed. Learned counsel for the defendant No.1 submits that due to unavoidable circumstances, defendants could not file the written statement. Therefore, in the interest of justice, the impugned order dated 29.08.2024 passed by the trial Court be set aside and one more opportunity be granted to the defendant No. 1 to file the written statement.

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I have considered the arguments advanced by the learned counsel for the defendant No. 1 and perused the impugned order.

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Taking into consideration the facts and circumstances of the case and in the interest justice, I deem it fit to allow the petition filed by the defendant No. 1 subject to payment of cost.

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Accordingly, petition filed by the defendant No. 1 is allowed. The order dated 29.08.2024 passed by the trial Court is set aside. The trial Court is directed grant an opportunity to the defendant No. 1 for filing of the written statement subject to payment of cost of Rs. 5,000/- by the defendant No. 1 to the plaintiff on or before

[2025:RJ-JP:5446]

[CW-2066/2025]

(3 of 3)

next date of hearing, failing which no opportunity be granted to defendant No. 1 for filing the written statement.

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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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Tahir/9

Maganbai Wife of Vishram v. Chanchalrani Daughter of Tilak Wife of Bhihari Lal

Case brief

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Maganbai Wife of Vishram v. Chanchalrani Daughter of Tilak Wife of Bhihari Lal

Case brief

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What did the court decide?

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