Disposed

Hanuman S/O Shri Kalyan v. Smt. Gaura Devi W/O Shri Ramavatar

Rajasthan HC21 Jan 2021CR/28/2020

Case brief

AI extract

What is this about?

This civil revision petition challenges an order dismissing an application under Order 7 Rule 11 and Section 151 CPC. The High Court directed the trial court to simultaneously decide preliminary issues on maintainability, jurisdiction, estoppel, and a plea under the Rajasthan Tenancy Act, 1955.

What did the court decide?

The trial court was directed to decide issue numbers 1 and 4 simultaneously as preliminary issues.

Hanuman S/O Shri Kalyan Vs Smt. Gaura Devi W/O Shri… — Property and Title | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN

¶2

BENCH AT JAIPUR

¶3

S.B. Civil Revision Petition No. 28/2020

¶4

Hanuman S/o Shri Kalyan,

¶5

Ratna S/o Shri Kalyan,

¶6

Satyanarayan S/o Hanuman,

¶7

Raju S/o Hanuman,

¶8

All are R/o Mungithala, Tehsil Mozamabad, District Jaipur

¶9

----Defendants/Petitioners

¶10

Versus

¶11

Smt. Gaura Devi W/o Shri Ramavatar, R/o Sewa, Tehsil Mozamabad, District Jaipur

¶12

----Plaintiff/Respondent

¶13

For Petitioner(s) : Mr. Vimal Kumar Jain For Respondent(s) : Mr. Deepak Khandelwal

¶14

HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

¶15

Order

¶16

21/01/2021

¶17

The present civil revision petition has been filed by the defendants-petitioners under Section 115 CPC against the order dated 18.11.2019 passed by the Court of Senior Civil Judge and Additional Chief Judicial Magistrate, Dudu District Jaipur in Civil Suit No.98/2016 whereby he dismissed the application filed by the defendants-petitioners under Order 7 Rule 11 read with section 151 CPC.

¶18

Learned counsel for the defendants-petitioners submits that the plaintiff-respondent filed an application under Section 251-A of the Rajasthan Tenancy Act, 1955 (for short ‘Act of 1955’) in the

¶19

(2 of 3)

¶20

[CR-28/2020]

¶21

Court of Sub-Division Officer, Dudu which was decided in favour of plaintiff vide order dated 17.11.2016.

¶22

Learned counsel for the plaintiff-respondent submits that in the written statement filed by the defendants, it was mentioned that there was no way going through Khasra No.70 and 73. In such a situation, no question of availability of way exists. In fact, plaintiff used to go to her land bearing Khasra No.1810 and 1811 through the permanent way of Village Sewa to Mungithala to Khasra No.1771 which goes from Khasra 1791 and 1792 but the plaintiff wants to create a new way passing from the land of defendants’ Khasra no.70 and 73.

¶23

The suit for declaration of easementary rights is not maintainable and the same is liable to be dismissed being barred by law.

¶24

On a perusal of the averments made in the plaint, the plaintiff prayed for declaration of easementary right and also to remove the encroachment made in the way.

¶25

The trial Court rejected the application of the petitioners filed under Section 251-A of the Act of 1955 on the ground that after filing of the written statement, issues were framed and issue no.4 was “as to whether principle of estoppel applies to the plaintiff for filing the present suit or not?

¶26

The defendants have raised objections regarding maintainability of the suit as well as jurisdiction of the Civil Court.

¶27

Considering the preliminary objections raised by the defendants and controversy involved in this case, the trial Court is directed to decide issue Nos.1 and 4 simultaneously as preliminary issue.

¶28

(3 of 3)

¶29

[CR-28/2020]

¶30

The instant civil revision petition is disposed of accordingly

¶31

as indicated above.

¶32

(GOVERDHAN BARDHAR),J

¶33

AARZOO ARORA /43

Hanuman S/O Shri Kalyan v. Smt. Gaura Devi W/O Shri Ramavatar

Case brief

What is this about?

What did the court decide?

Hanuman S/O Shri Kalyan v. Smt. Gaura Devi W/O Shri Ramavatar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sharwan Lal Andors Vs Budha Khan

Sanjay Kumar Vs Asstt Mining Engineer and Others

Sanjay Kumar S/O Shri Ashok Kumar Vs Assistant Mining Engineer

Munni @ Manisha W/O Sh. Dharmendra D/O Sh. Tansukh Lal Vs Dharmendra Mund S/O Sh. Mohan Lal

Vandana Rathore @ Poonam Kanwar W/O Shri Devendra Singh Shekhawat Vs Devendra Singh Shekhawat S/O Shri Bhanwarpal Singh Shekhawat

Giriraj Singh Vs Bhim Singh and Ors.