HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT

JAIPUR

S.B.Civil Writ Petition No. 10174 / 2015

1. Johari S/o Laxman

2. Gangaram S/o Laxman

3. Mukesh S/o Laxman

4. Babu Lal S/o Laxman

5. Musamma Ramkudi W/o Laxman

6. Rewad S/o Mangalram

7. Manphool S/o Mangalram

8. Musamma Puni W/o Ramdhan

9. Rakesh S/o Ramdhan

10. Jiyalal s/o Ramdhan

11. Phuli D/o Ramdhan

12. Bholi D/o Ramdhan

All by caste Berwa, R/o Vill. Ganeshpura, Tani Lautta Kee, Tehsil &

Distt. Dausa

13. Chhotti D/o Moolya W/o Chouthua, by caste Berwa, R/o

Jaitpura, Tehsil & Distt. Dausa

14. Leela S/o Moolya by caste Berwa, R/o Chaurdi, Tehsil & Distt.

Dausa

15. Smt. Rajjo D/o Ramdhan W/o Mangilal, by caste Berwa, R/o

Chaurdi, Tehsil & Distt. Dausa

16. Smt. Rukma D/o Ramdhan W/o Mukesh, by caste Berwa, R/o

Berawas, Tehsil & Distt. Dausa

17. Smt. Prabhati D/o Moolya W/o Rameshwar, by caste Berwa,

R/o Vill. Kalota, Tehsil & Distt. Dausa

18. Smt. Harbai D/o Moolya W/o Heeralal, by caste Berwa, R/o

Vill. Malagwas, Tehsil & Distt. Dausa

(2 of 6)

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19. Shanto D/o Laxman, by caste Berwa, R/o Ranoli, Tehsil &

Distt. Dausa

20. Teeja D/o Laxman, by caste Betwa, R/o. Ranoli, Tehsil & Distt.

Dausa

21. Smt. Prem D/o Laxman W/o Jagdish, by caste Berwa, R/o

Bhandarej, Tehsil & Distt. Dausa

22. Gulab D/o Laxman W/o Govinda, by caste Berwa, R/o

Khawaraoji, Tehsil & Distt. Dausa

23. Smt. Kanta D/o Laxman W/o Ramkhiladi, by caste Berwa, R/o

Khawaraoji, Tehsil & Distt. Dausa

24. Smt. Dhapa Devi D/o Mangalram W/o Kishore, by caste

Berwa, R/o Rampur, Tehsil & Distt. Dausa

25. Smt. Chameli D/o Mangalram W/o Moolchand, by caste Berwa,

R/o Rampur, Tehsil & Distt. Dausa

----Defendant-Petitioners

Versus

1. Chhottaya S/o Poonya

2. Cheetar S/o Poonya

3. Ramdev S/o Poonya

4. Ram Khnwar S/o Poonya

...Plaintiff-Respondents

5. Land Holder Tehsildar, Tehsil Dausa, District Dausa

----Proforma-Respondent

_____________________________________________________

For Petitioner(s) : Dr. Prakash Chandra Jain

For Respondent(s) : Mr. J.P. Goyal, senior counsel, assisted by Mr.

Dheeraj Singhal

_____________________________________________________

HON'BLE MR. JUSTICE MOHAMMAD RAFIQ

(3 of 6)

[CW-10174/2015]

Order

04/01/2017

This writ petition has been filed by defendant-petitioners

challenging order dated 01.08.2012 passed by the Sub Divisional

Officer, Dausa, judgment dated 20.03.2015 passed by the

Revenue Appellate Authority and judgment dated 03.06.2015

passed by the Board of Revenue.

Facts of the case are that plaintiff-respondents filed a suit in

the court of Sub Divisional Officer, Dausa, for injunction and

partition of agriculture land measuring 10.14 hectare bearing

Khasra No.21 situated at Village Ganeshpura, Tehsil and District

Dausa. It would be evident from the plait that only Moolya was

made party defendant-respondent in the suit, who, in the written

statement, stated that there was no question of any further

partition of the suit land as the partition between the parties

already stood since last more than 14 years. Defendant Moolya

also pleaded that all the lands stood converted in urban land and

itwas not an agricultural land for which the suit has been filed and

therefore the revenue suit was not maintainable. It so happened

that Mullya expired on 02.05.2005, therefore, his legal

representatives were taken on record on 09.12.2011. In view of

the interim order passed by the trial court, the file was sent to the

Board of Revenue on 19.07.2004, wherefrom it was received back

on 01.07.2011. It is during this period that Moolya expired. On his

death, the court below summoned his legal representatives but

after that, for a long time, there was no proceedings for one

reason or the other and the case was adjourned for 18.06.2012,

(4 of 6)

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21.06.2012, 04.07.2012, 18.07.012 and finally 01.08.2012, and

on which date the trial court proceeded to decide the suit directing

preparation of pre