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ARUN BHANSALI
Jagjeet Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. This writ petition has been filed by the petitioners aggrieved against the order dated 27/4/2022 (Annex.P/8) passed by the Board of Revenue and order dated 26/10/2021 (Annex.P/6) passed by the SDO cum Assistant Collector, Hanumangarh, whereby, ad interim injunction has been granted by the SDO and the revision petition filed by the petitioners has been rejected by the Board of Revenue.
2. One Major Singh and Kour Singh s/o Banta Singh filed a suit for partition and perpetual injunction before S.D.O., Hanumangarh inter alia against Baldev Singh & Others. Along with the said suit, an application under Section 212 of the Rajasthan Tenancy Act, 1955 (’the Act, 1955’) seeking temporary injunction was also filed.
3. Written statement was filed by defendants Baldev Singh and Sohan Singh s/o Baldev Singh along with a counter claim.
4. S.D.O. vide its order dated 2/9/2021 (Annex.3) decided the application under Section 212 of the Act, 1955 and ordered for demolition of the house, for opening of the way and restrained the parties from interfering in the use of way till the pendency of the suit.
5. On 25/10/2021 an application was filed by respondent Baldev Singh purportedly under Section
The main legal point established in the judgment is the requirement for an application under Section 151 CPC to be filed in the pending suit and its maintainability. The court emphasized that such ap....
Civil Courts lack jurisdiction over agricultural disputes already pending in Revenue Courts, affirming the exclusivity of jurisdiction in such matters.
Order 7 Rule 11 provides for rejection of a suit at threshold if same does not disclose any cause of action or if same is specifically barred by any law.
An order passed on an application under Order IX Rule 5 CPC is not an appealable order under Section 223 of the Rajasthan Tenancy Act, 1955 but can be challenged by filing a revision petition under S....
The applicability of Section 10 of the CPC is determined by the identity of issues in the suits, not the nature of relief sought.
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