[2026:RJ-JD:5658]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5422/2024 Gordhan S/o Shri Moola Ram Khinchi, Aged About 61 Years, Resident Of C/o M/s Mukesh Readymade, Dhanmandi, Gandhi Chowk, Ladnu, District Nagaur.

----Petitioner Versus Jitendra Singh Gaur S/o Shri Ram Singh Gaur, By Caste Rajput, Resident Of Near Kaliji Ka Chowk, Ladnu, Tehsil Ladnu, District Nagaur.

----Respondent For Petitioner(s) : Mr. Vishal Sharma For Respondent(s) : Mr. J.K. Bhaiya Mr. Mayank Bhaiya HON'BLE MR. JUSTICE SANJEET PUROHIT

Order

Reportable

29/01/2026

1. The present writ petition has been filed challenging the order dated 05.10.2023 (Annexure- 10) passed by the Court of Learned Additional District And Sessions Judge, Ladnun (“Learned Trial Court”), rejecting the application of the petitioner-defendant under Order 26 Rule 9 CPC, thereby refusing to appoint site Commissioner.

2. Facts germane to present writ petition are that respondent- plaintiff preferred a suit for eviction, recovery of due rent as well as damages regarding damage caused to the wall and flooring of premises in question.

2.1. It is mentioned in the plaint that the shop in question has been given on rent