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2009 Supreme(Raj) 1724

DINESH MAHESHWARI
Aameen – Appellant
Versus
District Judge, Churu – Respondent


Advocates:
For the Petitioners:Manish Shishodia, Advocate.
For the Respondents No. 3:S.K. Punia, Advocate.

JUDGMENT

1. - This writ petition is directed against the order dated 26.08.2006 whereby the learned District Judge, Churu has ordered stay over further proceedings in Civil Original Suit No. 14/2002 essentially on the ground that the issue involved in the civil suit was directly involved in the previously instituted revenue suit that was pending at the appellate stage.

2. The relevant background aspects of the matter are that on 19.04.1997, the present petitioners filed the revenue suit (No. 425/1997) in the Court of Sub Divisional Officer, Churu for declaration, correction of revenue record, and perpetual injunction while claiming their rights in the agricultural land comprised in khasra No. 933 (old khasra No. 254) as heirs of Suleman son of Ahmed. The plaintiffs referred to a previous revenue suit (No. 124/1959) regarding the said land between one Kurda son of Ganni and their predecessor Suleman wherein, according to the plaintiffs, by the decision dated 27.05.1959, 72 bighas and 16 biswas of the said land was divided in the manner that 35 bighas and 6 biswas thereof came in possession of Suleman but then, the plaintiffs alleged, the entries in the revenue record went wrong inasm























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