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2025 Supreme(Raj) 808

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE MAHENDAR KUMAR GOYAL, J
Santosh Devi – Appellant
Versus
Chhotu Ram – Respondent


Advocates:
Advocate Appeared:
Mr. Amit Jindal, Ms. Gunjan Chawla and Ms. Priyamnada Singh for Mr. Neeraj Batra, GC

Judgment :

1. This writ petition is directed against the judgment and decree dated 10.03.2014 passed by Board of Revenue, Rajasthan, Ajmer (for short, "BOR") whereby, the appeal No.3410/2013 filed by the petitioners/appellants/defendants (for short, “defendants”) has been dismissed.

2. The relevant facts in brief are that the respondent No.1/plaintiff (for short, “plaintiff”) filed a suit for partition and permanent injunction against the petitioners/defendants (for short, “defendants”) and the proforma respondents No.2 to 10/defendants claiming the subject agricultural land to be their undivided ancestral property. Therein, the Court of Assistant Collector and Executive Magistrate, Amer, Headquarter Jaipur (for short, “trial Court”) passed a preliminary decree of partition vide judgment dated 18.10.2012. The first appeal preferred thereagainst by the defendants came to be dismissed by Revenue Appellate Authority, Jaipur vide judgment and decree dated 17.04.2013 which was affirmed by the BOR while dismissing the second appeal preferred by the defendants vide judgment impugned dated 10.03.2014.

3. Assailing the impugned judgment and decree, learned counsel for the defendants made two-f

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