HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
PUSHPENDRA SINGH BHATI,
MUNNURI LAXMAN
MST. ROSHNI – Appellant
Versus
STATE AND ORS – Respondent
Order
15/01/2025
1. The instant appeal has been preferred claiming the following relief:-
“It is, therefore, respectfully prayed that this appeal may kindly be allowed and;-
i. the order dated 05.11.2007 passed by Hon’ble Mr.
N.P. Gupta, J in S.B. Civil writ petition 2403/96 may kindly be set aside.
ii. any other appropriate order or direction, which this Hon’ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the appellant.”
2. The appellant has challenged the impugned order passed by the learned Single Bench of this Court in S.B. Civil Writ Petition No.2403/1996 (Rajkumar Vs. State of Rajasthan & Ors.), on 05.11.2007, in which the rights of the appellant’s late husband to relinquish his share in favour of the private respondent i.e. his brother, has been the bone of contention.
3. It is an accepted factual matrix that the husband of the appellant executed a registered relinquishment deed in favour of the private respondent i.e. his brother in the year 1983 relinquishing all his rights in the suit land, and thus, admittedly, devolving his portion to his brother by inheritance.
4. Learned counsel for the appellant submits that t
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