JUDGMENT

1. Though, the matter has come up for orders on stay application. At the request of learned counsel for the parties, they have been finally heard as record of the trial court has already been received.

2. This appeal is directed against the judgment dated 01.04.2019 passed by the trial court, whereby the suit filed by the appellants for cancellation of sale deed and partition has been held to be premature, qua one relief and therefore, the suit has been dismissed with liberty to file a fresh suit qua other relief.

3. The suit was filed by the plaintiffs, inter-alia, with the submissions that the agriculture land situated at Badgaon, Tehsil Shivganj, District Sirohi was ancestral property; a revenue suit seeking declaration of tenancy rights and partition was pending before the SDO, Shivganj, however, as the said suit was dismissed for non-prosecution, the defendant No.1 Bhanwar Puri (since deceased) executed sale deed in favour of defendant No.2, which was void, as such, the sale deed be cancelled and the land be partitioned by metes and bounds.

4. Further submissions have been made that a house was situated at Subhash Nagar, which was also joint family property and the plaint