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2019 Supreme(Raj) 1110

PUSHPENDRA SINGH BHATI
Bagaram – Appellant
Versus
Balkishan alias Balramkishan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M.D. Boob
For the Respondent: C.R. Jakhar

JUDGMENT :

PUSHPENDRA SINGH BHATI, J.

This writ petition under Articles 226 and 227 of the Constitution of India has been preferred claiming the following reliefs:

2. Brief facts of this case, as noticed by this Court, are that the petitioners No. 2 to 10 had executed a power of attorney in favour of petitioner No. 1, which was duly notarized on 12.12.2017.

3. The petitioners had challenged the registered sale deed dated 13.12.2010 executed by respondent No. 1-Balkishan in favour of respondent No. 2-Govindpuri. The petitioners also sought injunction by filing a suit on 05.05.2013, which is being heard by the learned Additional District Judge No. 5, Jodhpur Metropolitan.

4. The bone of contention in the present case is an impugned order passed in favour of the respondents upon an application preferred by them for keeping the proceedings stayed vide application dated 17.08.2016 under Section 10 read with Section 151 CPC.

5. The claim of the respondents was that a revenue suit bearing No. 335/2011 titled as ‘Baga Ram v. Govindpuri’ was pending, and thus, since the reliefs claimed were overlapping therefore, the proceedings in the suit for cancellation of the registered sale deed may be kep

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