Rajasthan High Court - Jaipur
Nani Devi @ Sanjya Devi D/O Chotiya @ ... vs Jagannath S/O Chotu @ Chotiya on 26 November, 2021
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No.1973/2021
1. Nani Devi @ Sanjya Devi D/o Chotiya @ Chotu, R/o
Surwal Ki Dhani, Mahapura, Tehsil Sanganer, District
Jaipur.
2. Kanaram S/o Kalyan, R/o Surwal Ki Dhani, Mahapura,
Tehsil Sanganer, District Jaipur.
3. Gopal S/o Kalyan, R/o Surwal Ki Dhani, Mahapura, Tehsil
Sanganer, District Jaipur.
----Appellants
Versus
1. Jagannath S/o Chotu @ Chotiya, R/o Village Mohanpura,
Tehsil Sanganer, District Jaipur.
2. Nanchi Devi W/o Kanaram, R/o Village Mohanpura, Tehsil
Sanganer, District Jaipur.
3. Branch Manager, Bank Of India, Headquarter Gate Nevta,
Tehsil Sanganer, District Jaipur.
4. Gangaram S/o Kanaram, R/o Village Mohanpura, Tehsil
Sanganer, District Jaipur.
5. Manbhari Devi W/o Lalaram, R/o Village Mohanpura,
Tehsil Sanganer, District Jaipur.
6. Ramu S/o Lalaram, R/o Village Mohanpura, Tehsil
Sanganer, District Jaipur.
7. Bhuri Devi W/o Babulal, D/o Kanaram, R/o Golyawas,
Tehsil Sanganer, District Jaipur.
8. Mangli Devi W/o Roopnarayan D/o Kanaram, R/o
Jagannathpura, Tehsil Sanganer, District Jaipur.
9. Deputy Registrar, Deputy Registrar Office Second,
Sanganer, Jaipur.
----Respondents
For Appellant(s) : Mr. Amit Jindal, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
26/11/2021
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(2 of 3) [CMA-1973/2021]
Learned counsel for the appellants-defendants submitted that the court below while passing the order dated 20.09.2021 has given direction to maintain status-quo with regard to possession and the revenue record and it has not taken into account that the plaintiff had concealed the fact of filing suit of partition earlier before the Revenue Court in which preliminary decree was passed on 25.11.2010 and final decree was passed on 21.02.2011.
The plaintiff had also filed first appeal before the Revenue Appellate Authority in the year 2020 which was also dismissed by Revenue Appellate Authority vide order dated 09.11.2020 and second appeal was also dismissed by the Board of Revenue vide order dated 18.01.2021.
Learned counsel submitted that the plaintiff had also filed the suit for declaration before Additional Civil Judge No.17 and same was returned vide order dated 08.09.2021 while allowing the application of the appellants filed under Order 7 Rule 10 CPC.
Learned counsel further submitted that the plaintiff had also filed an appeal before the ADM Jaipur-I against mutation No.342 dated 22.10.2016, opened on the basis of gift deed dated 12.02.2016, and as such all these facts were brought into notice while filing reply to the temporary injunction application in the present suit in which impugned order has been passed.
Learned counsel submitted that the appellants have also filed an application under Order 7 Rule 11 CPC and mentioned that the suit filed by the plaintiff was not maintainable, as admittedly there was a delay of 5 years and suit was based on unregistered document.
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(3 of 3) [CMA-1973/2021] Learned counsel submitted that while passing the ad-interim injunction order, the court below has affected the crystalized rights of the appellants.
Learned counsel submitted that the temporary injunction application is still pending before the court below and this Court if is not inclined to interfere, at this juncture in the present matter then at least direction can be given to the court below to decide the said application filed by the plaintiff after considering the reply filed by the appellants.
This Court finds that the temporary injunction application is yet to be decided by the court below and further reply to the said application has been filed by the appellants by pleading all the facts with respect to previous litigation between the parties.
This Court disposes of the present misc. appeal by directing the court below to dispose of the temporary injunction application filed by the plaintiff, after considering the relevant pleadings and submissions made before the court below.
The court below is directed to expedite the hearing of the temporary injunction application and dispose of the temporary injunction application within a period of one month, after receipt of copy of certified copy of this order.
Accordingly, the appeal stands disposed of.
(ASHOK KUMAR GAUR),J Ramesh Vaishnav /86 6 (Downloaded on 02/12/2021 at 09:31:50 PM) Powered by TCPDF (www.tcpdf.org)