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2025 Supreme(Raj) 2034

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
ANOOP KUMAR DHAND
Dheersingh S/o Sanwataram – Appellant
Versus
Rajkaur W/o Guljharilal – Respondent


Advocates Appeared:
For the Appellant : Harish Agarwal
For the Respondent: Sudesh Kasana

ORDER :

1. A challenge has been led to the impugned judgment dated 07.06.2022 passed by the Board of Revenue, Ajmer (for short, “the Board”) by which the judgment and decree dated 15.01.2018 passed by the Revenue Appellate Authority (for short “the RAA’) has been quashed and set-aside and the matter has been remanded back to the RAA to decide the first appeal strictly in compliance with the provisions contained under Order 41 Rule 31 of the CPC.

2. Learned counsel for the petitioners submits that a suit for declaration and partition was filed by the respondents against the petitioners before the Court of Sub-Divisional Officer, Buhana (for short “the SDO”) and the same was decreed vide judgment dated 20.06.2016 against which a first appeal under Section 223 of the RAJASTHAN TENANCY ACT , 1955 (for short, “the Act of 1955”) was filed by the petitioners, after considering the entire facts, material, evidence and documents available on record, the RAA passed a reasoned and cogent judgment allowing the appeal.

3. Counsel submits that a second appeal, against the order dated 10.02.2018, was preferred by the respondents, before the Board and the same was partly allowed and the judgment pa

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