JUDGMENT : Pushpendra Singh Bhati, J. 1. The petitioners have preferred the present writ petition claiming the following relief:- "It is, therefore, humbly and most respectfully prayed that this Hon'ble Court may kindly be pleased to allow this writ petition and: (i). by an appropriate writ, order the judgment and order dated 21.12.2018 (Anx. 11) passed by the respondent no. 2 learned District Judge Jodhpur Metropolitan, Jodhpur may kindly be declared illegal and be quashed;" 2. Brief facts as noticed by this Court are that the respondent no. 1/plaintiff filed a suit for possession, mesne profits and permanent injunction on the basis of a gift deed dated 26.8.2013 which was executed in favour of the respondent no. 1/daughter by the petitioner no. 1/mother. The property in question i.e. plot no. 26 is situated in khasra no. 99/2 of Village Sangaria, Jodhpur. 3. The limited bone of contention in the present writ petition is that during the proceedings, the respondent no. 1/plaintiff filed an application on 7.2.2018 under Order 11 Rules 12 & 14 read with Section 151 CPC for seeking to get the bank statement and details of cheque pertaining to payment which was allegedly made by the son of the respondent no. 1 to the petitioner no. 1. 4. Learned counsel for the petitioners submits that separate suit has been filed regarding rights of Akshay son of the respondent no. 1 and taking on record the bank statement was not necessary for the proper adjudication of the matter. 5. Learned counsel for the respondent no. 1, however, submits that in this cross suit, for establishing the pro-active relationship with the petitioner no. 1 mother and the respondent no. 1 daughter by showing that the respondent no. 1 has given payments to the petitioner no. 1, the fact was relevant. The petitioner no. 1 mother has denied the receipt of payments and, therefore, in the interest of justice, the bank statement have been taken on record which shall help in proper adjudication of the matter. 6. After hearing the learned counsel for the parties and perusing the material available on record, this Court is of the opinion that the impugned order is fully justified as the learned Court below has held that since the payment in question establishing active relationship between the respondent no. 1 daughter and petitioner no.
6. After hearing the learned counsel for the parties and perusing the material available on record, this Court is of the opinion that the impugned order is fully justified as the learned Court below has held that since the payment in question establishing active relationship between the respondent no. 1 daughter and petitioner no. 1 mother and for which bank payments have been denied in cross examination, it was necessary for establishing the payments to take the bank statement on record. This however, shall not be prejudicial to the parties as they are mere incidental facts which may be important during adjudication. The impugned order does not suffer from any illegality or infirmity so as to call for any interference at this stage by this Court. 7. Accordingly, the present writ petition, having no force, is hereby dismissed. Stay petition no. 884/2019 also stands dismissed accordingly.