[2025:RJ-JP:44926]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 533/2024 Murlidhar Son of Shri Ramnarayan, Resident of Nalka, Tehsil- Baran, Currently Residing At A-67, New Nakoda Colony, Baran, Tehsil-Baran, District-Baran(Raj.).

----Appellant Versus

1. Harishankar Son of Shri Ramnarayan, Resident of Gram Nalka, Tehsil-Baran, District-Baran.

1/1. Suresh Kumar Sharma Son of Harishankar, Aged About 38 Years, Resident of Nalka Tehsil Baran District Baran (Raj.).

1/2. Priyanka D/o Harishankar W/o Nitesh Kumar, Aged About

30 Years, Resident of Mandola Ward, Baran, Tehsil And District-Baran (Raj.).

1/3. Minakshi Sharma D/o Harishankar W/o Tejasvi Gautam, Resident of Nalka, Presently Residing At Indira Market Sabji Mandi Tek Baran, District -Baran (Raj.).

2. Vishnu Prasad, Son of Shri Ramnarayan, Resident of Gram Nalka, Tehsil Baranm District-Baran At Present Residing At House of Suresh Ji Goyal, Chawani Ramchandrapura, in Front of Radhakrishan Mandir Gali, Chawani , Kota, District-Kota (Raj.).

3. Late Bhagwati Bai Widowed of Shri Ramnarayan, Resident of Gram Nalka, Tehsil-Baran, District-Baran (Raj.).

3/1. Chanda Bai Daughter of Shri Ramnarayan Wife of Shri Jamna Shankar, Resident of Jawahar Nagar, D-24, Near Shriji Marriage Hall, Kota, District-Kota.

3/2. Malti Daughter of Ramnarayan, Widowed of Shri Chandraprakash, Resident of Near Pani Ki Tanki, Civil Lines Colony Road, Nalka Road, Baran, Tehsil And District Baran.

3/3. Manju Daughter of Shri Ramnarayan, Wife of Shri Badrilal, Resident of Kunjed, Tehsil-Atru, District-Baran (Raj.).

4. Sangeeta Wife of Shri Dharmendra Kumar, Resident of Near Sanstha Dharmada Chauraha, Mangrol Road, Baran, Tehsil-Baran, District-Baran (Raj.).

----Respondents For Appellant(s) : Ms. Firoz Akhtar for Mr. Sanjay Kumar Singhal For Respondent(s) : Mr. Arvind Gupta Mr. Lalit Kishore Joshi HON'BLE MR. JUSTICE SUDESH BANSAL

Order

10/11/2025

1. Instant Civil Second Appeal under Section 100 has been directed against the judgment dated 19.10.2024, passed in Civil Appeal No. 36/2013 by the Additional District Judge No.1, Baran, District Baran, allowing the Civil First Appeal filed by the respondents-defendants and reversing the judgment and decree dated 28.09.2013, passed in Civil Suit No. 41/2012 by the Civil Judge (Junior Division), Baran, District Baran whereby and whereunder appellant-plaintiff’s suit, seeking to cancel the registered relinquishment deed dated 23.05.2012 was decreed.

2. Heard Ms. Firoz Akhtar Ansari, counsel appearing on behalf of appellant-plaintiff, counsel for respondents and perused the material available on record.

3. Counsel for appellant-plaintiff contends that at the time of execution of relinquishment deed dated 23.05.2012, an interim stay on alienation of the agricultural land from the Revenue Court was in operation and further the relinquishment deed was executed keeping the executant in dark and by inducing her. Hence, her contention is that First Appellate Court has committed illegality, perversity and jurisdictional error in dismissing plaintiff’s suit, rather the relinquishment deed in question is liable to be canceled and suit deserves to be decreed as was done by the trial Court.

4. Counsel appearing on behalf of respondents has repelled the aforesaid contention and submits that it is not in dispute that undivided 1/4^th share of mother was relinquished by her through registered relinquishment deed and the mother herself has appeared in the witness box as DW-1 and while deposing her statements, verified the execution of relinquishment deed to have been made on her own volition and free will, without any inducement or pressure in any manner. Thus, learned counsel submits that in view of statements of mother, as also the fact findings of Courts below, the present second appeal does not give rise to any substantial questions of law, hence, liable to be dismissed at threshold.

5. Having perused the pleadings of parties, impugned judgments and other material