[2025:RJ-JP:35752]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil First Appeal No. 219/2023

1. Gangaram Meena S/o Late Mr. Netaram Meena, R/o Village Chainpura, Jawahar Circle, Tehsil Sanganer, District- Jaipur.

2. Smt Soni Devi W/o Chandalal, R/o Village Chainpura, Jawahar Circle, Tehsil Sanganer, District- Jaipur.

3. Vijay Singh S/o Chandalal, R/o Village Chainpura, Jawahar Circle, Tehsil Sanganer, District- Jaipur.

4. Rakesh Meena S/o Ramphool Meena, R/o Village Chainpura, Jawahar Circle, Tehsil Sanganer, District-

Jaipur.

5. Naresh Meena S/o Ramphool Meena, R/o Village Chainpura, Jawahar Circle, Tehsil Sanganer, District-

Jaipur.

6. Smt Savitri Devi W/o Ramphool Meena, R/o Village Chainpura, Jawahar Circle, Tehsil Sanganer, District-

Jaipur.

7. Kailash Meena S/o Chandalal, R/o Village Chainpura, Jawahar Circle, Tehsil Sanganer, District- Jaipur.

8. Gopallal Meena S/o Dhannalal Meena., R/o Village Chainpura, Jawahar Circle, Tehsil Sanganer, District-

Jaipur.

9. Babulal Meena S/o Dhannalal Meena, R/o Village Chainpura, Jawahar Circle, Tehsil Sanganer, District-

Jaipur.

10. Shankarlal S/o Dhannalal Meena., R/o Village Chainpura, Jawahar Circle, Tehsil Sanganer, District- Jaipur.

11. Smt Ramadevi W/o Lalaram, R/o Village Chainpura, Jawahar Circle, Tehsil Sanganer, District- Jaipur.

12. Mohanlal S/o Lalaram, R/o Village Chainpura, Jawahar Circle, Tehsil Sanganer, District- Jaipur.

----Appellants/Plaintiffs Versus

1. Ranjit Singh S/o Late Shri Netaram Meena, R/o Village Chainpura, Jawahar Circle, Tehsil Sanganer, District-

Jaipur.

2. Amit Singh S/o Shri N.r. Khangar, R/o L-31, Income Tax Colony, Tonk Road, Jaipur.

3. Nanagram Meena S/o Late Shri Gopallal Meena, R/o A-1, Badgoti Bhawan, Amali Kothi, Suryanagar, Tonk Road, Jaipur.

4. Pushpendra Kumar Badgoti S/o Shri Nanagram Meena, R/o A-1, Badgoti Bhawan, Amali Kothi, Suryanagar, Tonk Road, Jaipur.

----Respondents/ defendants For Appellant(s) : Mr. Ashok Mehta, Sr. Advocate with Mr. Mudit Singhvi For Respondent(s) : Mr. J.P. Goyal, Senior Advocate with Mr .J.K. Moolchandani and Mr. Siddharth Singh for respondents/

defendants No. 3 and 4 Mr. R.K. Mathur, Senior Advocate with Mr. Ashish Sharma and Mr. Anirudh Gupta for respondent /defendant No.2 HON'BLE MR. JUSTICE GANESH RAM MEENA

Judgment

Reserved on ::: Sept. 01, 2025 Pronounced on ::: Sept.09, 2025

1. This civil misc. first appeal has been filed by the appellants/ plaintiffs against the judgment and decree dated 17.02.2023 passed by the Court of learned Addl. District Judge No.10, Jaipur Metropolitan-I, Headquarter Sanganer (for short ‘the court below’) in Civil Suit No. 160/2022, whereby the application filed by the respondent/ defendant No.1- Ranjeet Singh under Order VII Rule 11 read with section 151 CPC has been allowed and the plaint filed by the appellants/ plaintiff has been dismissed.

2. The facts borne out from the pleadings are that the appellants/ plaintiffs filed a civil suit on 12.10.2022 for declaration, cancellation of agreement dated 31.12.2003 & injunction in the Court of learned Additional District and Sessions Judge No.10, Jaipur Metro-I, Sanganer with respect to their ancestral property i.e Land bearing Khasra No. 408/289 admeasuring 0.0367 which has been fraudulently recorded in the name of respondent/ defendant No.4 in the revenue records but the said property in reality belongs to the appellants/ plaintiffs only. It is further stated in the plaint that the respondent No.2 based on the so-called fabricated agreements transferred/sold the subject matter of the property through an agreement dated 16.11.2012 which got attested on 29.11.2012 to the respondent No.3 and the respondent No.3 gifted the said property to his son i.e. respondent No.4 through a registered Gift Deed dated 23.03.2021. The appellants/ plaintiffs upon inquiry found about the said fraudulent conduct of the respondents and immediately, the appellant No.8 lodged an F.I.R No. 65/2022 on 09.05.2022 with respect to the same.

3. The respondent /defendant