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2025 Supreme(Raj) 1233

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
Avneesh Jhingan, J
Lala S/o Bhanwarlal – Appellant
Versus
Krishna Kumar Verma S/o Sh. Hanuman Verma – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Aniroodh Tyagi for Mr. Saurabh Vaishnav
For the Respondent: Mr. Prakash Kumar Jha

Order :

1. This petition is filed challenging the order dated 08.05.2024 passed by the Board of Revenue, Ajmer (for short 'the Board') entertaining a revision petition against an interim order.

2. The brief facts are that respondent Nos.2 to 4 filed a suit for partition and permanent injunction with regard to properties described in the suit. The Assistant Collector held that the property could not be partitioned as some of the respondents were recorded as Khatedars of the property-in-question. The petitioner along with respondent Nos.36 to 41 (arrayed in this petition) filed an appeal along with an application for interim relief seeking status-quo. The Revenue Appellate Authority passed an interim order dated 20.09.2023. Aggrieved of the interim order, the respondent preferred revision before the Board.

3. Learned counsel for the petitioner submits that the Board erred in entertaining the revision against an interim order.

4. Learned counsel for the respondent submits that an interim order was passed without hearing the respondent and is illegal.

5. Section 230 of the Rajasthan Tenancy Act , 1955 is reproduced herebelow:-

"230. Power of the Board to call for cases-

The Board may call for

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