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2015 Supreme(Raj) 858

ALOK SHARMA
Vidya Devi – Appellant
Versus
Chautha – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Sudesh Bansal, Advocate.
For the Respondent:R.P. Singh, Senior Advocate with Shashikant Saini, Advocate.

JUDGMENT :

Alok Sharma, J.

A challenge has been made to the order dated 31-3-2015 passed by the Board of Revenue Ajmer (hereinafter `the Board'), whereby the Board even while holding that the revision petition filed by respondent before it was not maintainable, resorted to its superintending powers under Section 221 of the Rajasthan Tenancy Act, 1955 (hereinafter `the 1995 Act') and set aside the ad interim orders dated 20-1-2014 and 4-4-2014 passed in two partition suits filed before the trial court.

2. Mr. Sudesh Bansal, counsel for the petitioners-plaintiffs (hereinafter `the plaintiffs') has submitted that a revision petition against ad interim orders passed by Sub Divisional Officer Chomu in the course of partition suits was not maintainable before the Board, as so held by it as the impugned order was appealable under Section 225 of the 1955 Act. He submitted that the resort to superintending powers of the Board under Section 221 of the 1955 Act was not available to the Board in the circumstances to circumvent the absence of jurisdiction in hearing a challenge to the impugned orders on the revision petition laid before it. Counsel submitted that the status quo order dated 20-1-20









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