Rajasthan High Court - Jaipur
Dheersingh S/O. Sanwataram vs Smt. Rajkaur W/O. Guljharilal on 1 September, 2022
Author: Mahendar Kumar Goyal
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 10901/2022
Dheersingh S/o. Sanwataram & Ors.
----Petitioners
Versus
Smt. Rajkaur W/o. Guljharilal & Ors.
----Respondents
For Petitioner(s) : Mr. Harish Agrawal For Respondent(s) :
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 01/09/2022 Learned counsel for the petitioners submits that the learned trial Court, i.e., the Court of Sub-Divisional Officer has decreed the suit filed by the respondents/plaintiffs under Section 53 and 188 of the Rajasthan Tenancy Act, 1955 mainly relying upon a photocopy of the so called family settlement dated 28.07.1983 and the findings were rightly reversed by the First Appellate Court vide its judgment dated 15.01.2018; but, the second Appellate Authority, i.e., the Board of Revenue, Rajasthan, Ajmer vide its judgment impugned dated 07.06.2022, remanded the matter back to the Appellate Court on the premise that there was no compliance of Order 41 Rule 31 CPC. Learned counsel submits that a perusal of the judgment dated 15.01.2018 passed by the Revenue Appellate Authority reveals that it was passed after appreciating the entire evidence on record taking into consideration the issues involved in the matter and hence, substantial compliance of the provisions of Order 41 Rule 31 CPC was there.
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(2 of 2) [CW-10901/2022] Issue notice of the writ petition as well as of stay application confined to the respondents No.1 to 7. Rule is made returnable by five weeks. Notices be filed in two sets. One set of notices be sent through registered post with acknowledgment due. Steps to be taken within a week.
Heard learned counsel on interim relief. Taking into consideration the contentions advanced by him and the material on record, this Court deems it just and proper to stay the operation and effect of the judgment dated 07.06.2022 passed by the Board of Revenue, Rajasthan, Ajmer in Appeal/Decree/TA/495/2018/Jhunjhunu, till further orders.
(MAHENDAR KUMAR GOYAL),J Manish/71 (Downloaded on 01/09/2022 at 10:12:00 PM) Powered by TCPDF (www.tcpdf.org)