Rajasthan High Court - Jodhpur
Shivdayal Singh vs Bhagirath And Ors on 2 April, 2019
Author: Sangeet Lodha
Bench: Sangeet Lodha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Review No. 23/2017
Shivdayal Singh S/o Shri Indersingh, By Caste Rajput,aged 50
years, Resident Of Ladhasar, Tehsil Ratangarh, District Churu.
----Petitioner
Versus
1. Bhagirath S/o Keshuram, By Caste Brahmin, Resident Of
Village Ladhasar, Tehsil Ratangarh, District Churu
2. Inder Singh S/o Late Keshu Ram, By Caste Brahmin,
Resident Of Village Ladhasar, Tehsil Ratangarh, District Churu.
3. Devi Singh S/o Ram Singh, By Caste Rajput, Resident Of
Village Ladhasar, Tehsil Ratangarh, District Churu.
4. Prahlad Singh S/o Devi Singh, By Caste Rajput, Resident
Of Village Ladhasar, Tehsil Ratangarh, District Churu.
5. Sadul Singh S/o Inder Singh, By Caste Rajput, Resident
Of Village Ladhasar, Tehsil Ratangarh, District Churu.
6. Parvat Singh S/o Devi Singh, By Caste Rajput, Resident
Of Village Ladhasar, Tehsil Ratangarh, District Churu.
7. Prabhu Singh S/o Jeevraj Singh, By Caste Rajput,
Resident Of Village Ladhasar, Tehsil Ratangarh, District Churu.
8. Sarpanch, Gram Panchayat Ladhasar, Tehsil Ratangarh,
District Churu.
9. State Of Rajasthan Through Tehsildar, Ratangarh, District
Churu.
10. Mahaveer S/o Bajranglal, By Caste Brahmin, Resident Of
Village Ladhasar, Tehsil Ratangarh, District Churu
11. Toluram Alias Tolu S/o Bajranglal, By Caste Brahmin,
Resident Of Village Ladhasar, Tehsil Ratangarh, District Churu
12. Narsi Alias Narsaram S/o Bajranglal, By Caste Brahmin,
Resident Of Village Ladhasar, Tehsil Ratangarh, District Churu
13.Banshi Alias Banshidhar S/o Late Sh. Jeetu Alias
Ajeetaram, By Caste Brahmin, Resident Of Village Balrampura,
Tehsil Ratangarh, District Churu.
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14.Sohan Ram S/o Jeeta Ram, By Caste Brahmin, Resident Of
Village Ladhasar, Tehsil Ratangarh, District Churu
15.Smt. Vidhya Devi S/o Late Madanlal, By Caste Brahmin,
Resident Of Village Ladhasar, Tehsil Ratangarh, District Churu
16.Ramniwas S/o Late Madanlal, By Caste Brahmin, Resident Of
Village Ladhasar, Tehsil Ratangarh, District Churu
17.Gajanand S/o Late Madanlal, By Caste Brahmin, Resident Of
Village Ladhasar, Tehsil Ratangarh, District Churu
18.Subhash S/o Late Madanlal, By Caste Brahmin, Resident Of
Village Ladhasar, Tehsil Ratangarh, District Churu
19.Sukhdev (Minor) S/o Late Madanlal, Through Mother Vidhya
Devi W/o Late Madanlal, By Caste Brahmin, Resident Of Village
Ladhasar, Tehsil Ratangarh, District Churu.
20.Santosh (Minor) D/o Late Madanlal, Through Mother Vidhya
Devi W/o Late Madanlal, By Caste Brahmin, Resident Of Village
Ladhasar, Tehsil Ratangarh, District Churu.
21. Phoosa Ram S/o Ganpat Ram, By Caste Brahmin, Resident
Of Village Ladhasar, Tehsil Ratangarh, District Churu
22.Smt. Anchi W/o Late Ganpat Ram, By Caste Brahmin,
Resident Of Village Ladhasar, Tehsil Ratangarh, District Churu
23.Bhoja Ram S/o Late Omprakash, By Caste Brahmin,
Resident Of Village Ladhasar, Tehsil Ratangarh, District Churu.
24.Gajanand S/o Late Omprakash, By Caste Brahmin, Resident
Of Village Ladhasar, Tehsil Ratangarh, District Churu
25.Manakchand S/o Late Omprakash, By Caste Brahmin,
Resident Of Village Ladhasar, Tehsil Ratangarh, District Churu
26.Bhadar S/o Late Omprakash, By Caste Brahmin, Resident Of
Village Ladhasar, Tehsil Ratangarh, District Churu
27.Laxmi D/o Late Omprakash, By Caste Brahmin, Resident Of
Village Ladhasar, Tehsil Ratangarh, District Churu
28. Pooja D/o Late Omprakash, by caste Brahmin, resident of
Village Ladhasar, Tehsil Ratangarh, District Churu.
29.Santosh D/o Late Omprakash, By Caste Brahmin, Resident
Of Village Ladhasar, Tehsil Ratangarh, District Churu
30.Nirmal D/o Late Omprakash, By Caste Brahmin, Resident Of
Village Ladhasar, Tehsil Ratangarh, District Churu
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31.Late Savitri D/o Late Kesu Ram, By Caste Brahmin, Resident
Of Village Ladhasar, Tehsil Ratangarh, District Churu Through
Legal Representatives
31/1. Smt. Birma w/o Bhadar Ram d/o Late Savitri by Caste
Brahmin, Resident of Darhdaspura, Tehsil Suratgarh, District Sri
Ganganagar.
31/2. Smt. Kamla w/o Indraraj D/o Late Savitri by Caste
Brahmin, resident of Taja Patti, Tehsil Abohar, District
Phirojpura, Punjab.
31/3. Smt. Sumitra w/o Om Prakash D/o Late Savitri by caste
Brahmin, Resident of Sadasar, Tehsil Sardarsahar, District
Churu.
31/4. Smt. Saroj w/o Jaiprakash D/o Late Savitri by caste
Brahmin, resident of Arjansar, Tehsil Loonkaran, District
Bikaner.
31/5. Smt. Maina w/o Rakesh Kumar D/o Late Savitri by caste
Brahmin, resident of Mamera Road, Alhenabad, Tehsil
Alhenabad, District Sirsa, Haryana.
31/6. Salochana w/o Vinod Kumar D/o Late Savitri by caste
Brahmin, resident of Ramsara Jakhdan, Tehsil Suratgarh,
District Sri Ganganagar.
31/7. Ratanlal S/o Late Savitri by caste Brahmin, resident of
Sherpura, Tehsil Loonkaran, District Bikaner.
32.Mohni D/o Late Kesu Ram, By Caste Brahmin, Resident Of
Village Ladhasar, Tehsil Ratangarh, District Churu.
33.Rampyari D/o Late Kesu Ram, By Caste Brahmin, Resident
Of Village Ladhasar, Tehsil Ratangarh, District Churu
34.Savitri W/o Bheekaram, By Caste Brahmin, Resident Of
Village Ladhasar, Tehsil Ratangarh, District Churu
35.Satyanarayan S/o Bheekaram, By Caste Brahmin, Resident
Of Village Ladhasar, Tehsil Ratangarh, District Churu
36.Manoj Kumar S/o Bheekaram, By Caste Brahmin, Resident
Of Village Ladhasar, Tehsil Ratangarh, District Churu
37.Shivdayal S/o Bheekaram, By Caste Brahmin, Resident Of
Village Ladhasar, Tehsil Ratangarh, District Churu
38.Guddi D/o Bheekaram, By Caste Brahmin, Resident Of
Village Ladhasar, Tehsil Ratangarh, District Churu.
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39.Babita D/o Bheekaram, By Caste Brahmin, Resident Of
Village Ladhasar, Tehsil Ratangarh, District Churu
40.Smt. Saida Hajan W/o Haji Mangtu, By Caste Teli Musalman,
Resident Of Near Riniwala Kua, Ratangarh, District Churu.
----Respondents
For Petitioner(s) : Mr. Vikas Bijarnia
For Respondent(s) : Mr. Om Rajpurohit
HON'BLE MR. JUSTICE SANGEET LODHA
Order 02/04/2019 This review petition has been filed by the petitioner seeking review of the order dated 1.6.17 passed by this Court, whereby the revision petition preferred by the petitioner questioning the legality of order dated 8.2.17 passed by the Senior Civil Judge, Ratangarh in Civil Suit No.4/14, rejecting an application preferred by the petitioner under Order VII Rule 11 CPC, has been dismissed.
Learned counsel appearing for the petitioner contended that inadvertently the petition has been decided by this Court on the wrong premise. Learned counsel submitted that in para no.6 of the order, it is noticed by the Court that the petitioner has filed the suit for establishing his right to way/easement in respect whereof, by virtue of provisions of sub-section(2) of Section 251, the petitioner is entitled to claim the relief by way of a regular suit in a Civil Court of competent jurisdiction, whereas the suit has been filed by the respondent seeking injunction against the petitioner from using the existing way and thus, the suit is apparently barred (Downloaded on 27/06/2019 at 10:08:08 PM) (5 of 5) [CRW-23/2017] under the provisions of Section 207 of the Rajasthan Tenancy Act, 1955.
The factual position pointed by the learned counsel for the petitioner as above is not disputed by the learned counsel appearing for the respondents.
Having considered the submissions of the learned counsel for the parties, this Court is of the opinion that the order under the revision petition passed by this Court suffers from an error apparent on the face of record and therefore, the order under review dated 1.6.17 deserves to be recalled.
Accordingly, the review petition is allowed. The order dated 1.6.17 passed by this Court in Civil Revision Petition No.78/17 is recalled. The revision petition is restored to its original number.
Let the revision petition be listed for consideration afresh before the appropriate Bench.
(SANGEET LODHA),J 39-Vij/-
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