HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 6175/2022

Hariram S/o Rooparam, Aged About 55 Years, By Caste Suthar,

Resident Of Redana, Presently Residing At Indira Colony, Barmer,

Tehsil And District Barmer (Raj.)

----Petitioner

Versus

Moru Devi W/o Amritlal, By Caste Suthar, Resident Of Redana,

Presently Residing At Indira Colony, Street No.8, Barmer, Tehsil

And District Barmer (Raj.)

----Respondent

For Petitioner(s)

:

Mr. Sandeep Shah, Sr. Advocate

assisted by Ms. Akshiti Singhvi

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

18/05/2022

This writ petition has been filed under Article 227 of the

Constitution of India being aggrieved with the order dated

07.03.2022 passed by the Additional District Judge No.1, Barmer

(hereinafter to be referred as ‘the appellate court’) whereby, the

appeal filed by the petitioner has been dismissed. The said appeal

was preferred by the petitioner being aggrieved with the order

dated 07.09.2021 passed by the Additional Civil Judge No.1,

Barmer (hereinafter to be referred as ‘the trial court’) on an

application under Order XXXIX Rule 1 and 2 read with Section 151

CPC whereby, the par