Dismissed¶¶23

Rajendra Kumar Parnami S/O Late Shri Parmanand Parnami v. Trilochan Singh S/O Late Shri Mahendra Singh

Rajasthan HC3 Jul 2026CW/19066/2024

Case brief

AI extract

What is this about?

Article 227 Constitution of India; writ petition dismissed; appointment of Court Commissioner / Site Inspection Commissioner for site inspection of suit property; collection of evidence through Court Commissioner; interim injunction dated 21.12.2023; alleged illegal construction by respondent/defendant; trial Court orders dated 30.05.2024 and 12.11.2024; repeated identical applications; Rajasthan High Court Jaipur Bench; Single Judge Sudesh Bansal.

What did the court decide?

This Court does not find any manifest illegality or jurisdictional error in the impugned trial Court order dated 12.11.2024 warranting interference under Article 227 of the Constitution of India; accordingly, the writ petition is dismissed. ¶¶22

Rajendra Kumar Parnami S/O Late Shri Parmanand… — Writ and Judicial Review | Rajasthan HC (2026)

¶1

[2026:RJ-JP:24758]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 19066/2024

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URN: CW / 40068U / 2024

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Rajendra Kumar Parnami S/o Late Shri Parmanand Parnami, Aged About 76 Years, R/o Plot No. 207, Adarsh Nagar, Jaipur Rajasthan.

¶6

----Petitioner/Plaintiff

¶7

Versus

¶8

Trilochan Singh S/o Late Shri Mahendra Singh, Aged About 76 Years, R/o Plot No. 206, Adarsh Nagar, Jaipur, Rajasthan.

¶9

----Respondent/Defendant

¶10

For Petitioner(s) : Mr. P.K. Mishra For Respondent(s) :

¶11

HON'BLE MR. JUSTICE SUDESH BANSAL

¶12

Order

¶13

03/07/2026

¶14

This writ petition has been listed in the ‘Orders’ category for the reason that notices upon respondent could not be served due to want of complete and correct address.

¶15

The issue involved in this writ petition is respect of appointment of Site Inspection Commissioner by the Court, hence, considering the issue involved, writ petition has been heard finally on merits, at this stage itself.

¶16

It appears that petitioner made a prayer for appointment of Court Commissioner for site inspection of the suit property, stating inter alia that despite passing of an interim injunction order dated 21.12.2023, respondent is continuing illegal construction over the suit property.

[2026:RJ-JP:24758]

[CW-19066/2024]

(2 of 2)

For this purpose, petitioner had filed an application dated 05.04.2024 (Annexure-2), which was dismissed by the trial Court vide order dated 30.05.2024. The order dated 30.05.2024 was not challenged and petitioner filed another application for the same purpose and prayer, which has also been dismissed by the trial Court vide order impugned dated 12.11.2024.

¶21

Learned trial Court in the order impugned dated 12.11.2024 has assigned the reasons that through appointment of Commissioner by the Court, petitioner/plaintiff may not be allowed to collect evidence by seeking assistance of Court Commissioner and further previous application of similar relief has already been dismissed on merits vide order dated 30.05.2024.

¶22

Having heard counsel for petitioner and from perusal of record including the previous order dated 30.05.2024, this Court does not find any manifest illegality or jurisdictional error in the impugned order dated 12.11.2024 warranting interference under Article 227 of the Constitution of India.

¶23

With aforesaid observations, instant writ petition is hereby dismissed.

¶24

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

¶25

(SUDESH BANSAL),J

¶26

18/NITIN

Rajendra Kumar Parnami S/O Late Shri Parmanand Parnami v. Trilochan Singh S/O Late Shri Mahendra Singh

Case brief

What is this about?

What did the court decide?

Rajendra Kumar Parnami S/O Late Shri Parmanand Parnami v. Trilochan Singh S/O Late Shri Mahendra Singh

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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