IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR (1) D.B. Civil Special Appeal(Writ) No. 931/2009 In S.B. Civil Writ Petition No. 6242/2009 Ramdas Versus. Additional District Judge(Fast Track) No. 3, Jaipur City, Jaipur & Others. With (2) D.B. Civil Special Appeal(Writ) No. 932/2009 In S.B. Civil Writ Petition No. 6665/2009 Ramdas Versus. Additional District Judge(Fast Track) No. 3, Jaipur City, Jaipur & Others. Date of Order: 14.05.2010 Hon'ble Mr. Narendra Kumar Jain,J. Hon'ble Mrs. Meena V. Gomber,J. Mr. G.K. Garg, for the appellant. Mr. R.K. Agarwal, for the respondents. BY THE COURT:
Heard learned counsel for the parties.
2. Both the special appeals arise out of suit for partition between the parties and are directed against common order dated 11.08.2009 passed by learned Single Judge, therefore, we dispose of both the special appeals by this common order.
3. The plaintiff-appellant filed a suit for partition in the trial court wherein initially, evidence of defendants was closed. However, on the application filed by defendant, learned trial court vide order dated 07.03.2009 (Annexure-4 of the writ petition) allowed Defendant Kanta Devi to lead her evidence. Plaintiff filed a review petition to review order dated 07.03.009 and the same was dismissed vide order dated 23.03.2009.
4. Both the orders dated 07.03.2009 and 23.03.2009 were challenged by the plaintiff by means of writ petitions before this Court. Learned Single Judge vide impugned order dated 11.08.2009 has dismissed both the writ petitions.
5. Learned counsel for both the parties argued the case at length. However, after considering their submissions in the light of reasons assigned by the learned Single Judge as well as learned trial court, we do not find any infirmity in the impugned orders, so as to interfere with the same in these special appeals.
6. We do not find any merit in both the special appeals and the same are hereby dismissed.
7. In view of above, the stay applications filed in both the appeals stand disposed of.
(Meena V. Gomber),J. (Narendra Kumar Jain),J.
Manoj
Item No.2 & 3.