Dismissed

Abdul Jabbar S/O Shri Fakir Mohammed v. Smt. Ruksana D/O Late Chand Mohammed W/O Shri Moinuddin

Rajasthan HC20 Jul 2022CR/137/2022

Case brief

AI extract

What is this about?

This revision petition was filed against an order dismissing an application under Order 7 Rule 11(d) CPC regarding partition. The High Court held that the objection did not fall within the scope of Order 7 Rule 11 CPC and no interference was called for.

What did the court decide?

The revision petition stands dismissed; stay application disposed of.

Abdul Jabbar S/O Shri Fakir Mohammed Vs Smt. Ruksana D/O Late… — Partition | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Revision Petition No. 137/2022

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Abdul Jabbar S/o Shri Fakir Mohammed, Aged About 70 Years, R/o Luharo Ka Mohalla, Rupangarh, District Ajmer (Raj.)

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Mukhtyar Ahmad S/o Shri Abdul Jabbar (Actual Fathers Name Late Chand Mohammed), R/o Luharo Ka Mohalla, Rupangarh, District Ajmer (Raj.)

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----Petitioners-Defendants

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Versus

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Smt. Ruksana D/o Late Chand Mohammed W/o Shri Moinuddin, R/o Luharo Ka Mohalla, Rupangarh, District (Raj.) At Present R/o Nathi Ka Jav, Near Railway Line, Gandhi Nagar, Madanganj, Kishangarh, District Ajmer (Raj.)

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Smt. Firoja D/o Late Shri Chand Mohammed W/o Shri Ikramuddin, R/o Luharo Ka Mohalla, Rupangarh, District (Raj.) At Present R/o Nathi Ka Jav, Near Railway Line, Gandhi Nagar, Madanganj, Kishangarh, District Ajmer (Raj.)

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Mohammed Raees S/o Shri Munshi, R/o Ramner Road, Gandhi Nagar, Madanganj, Kishangarh, District Ajmer (Raj.)

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Mohammed Anees S/o Shri Munshi Rajja, R/o Ramner Road, Gandhi Nagar, Madanganj, Kishangarh, District Ajmer (Raj.)

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Smt. Nargis D/o Shri Munshi Rajja, W/o Aslam, R/o Khari Kui, Nathi Ka Jav, Gandhi Nagar, Madanganj, Kishangarh, District Ajmer.

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Jakir Husain S/o Shri Abdul Hak, R/o Ramner Road, Gandhi Nagar, Madanganj, Kishangarh, District Ajmer (Raj.)

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Monu S/o Shri Amarchand, R/o Near Mahavir Vyayamshala, Azad Nagar, Madanganj, Kishangarh, District Ajmer (Raj.)

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Shri Mohammed Rafik S/o Shri Abdul Ajij, R/o Maliyon Ki Dhani, Gandhi Nagar, Madanganj, Kishangarh, District Ajmer (Raj.)

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(2 of 3)

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[CR-137/2022]

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Rahul Jain S/o Shri Pradeep Jain, R/o House No. 299/23, Tikamganj, P.s. Clark Tower, Ajmer And Second Addressramner Road, Madanganj, Kishangarh, District Ajmer (Raj.)

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----Respondents-Defendants

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For Petitioner(s) : Mr. Anil Kumar Sharma For Respondent(s) :

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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20/07/2022

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This revision petition has been filed by petitionerdefendants under Section 115 of CPC against the order dated 24.05.2022 passed in civil suit No.39/2021 by Additional District Judge No.2, Kishangarh, District Ajmer whereby petitioners’ application under Order 7 Rule 11 (d) CPC has been dismissed.

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Petitioner-defendants claimed himself to be son of late Chand Mohammed whereas respondents have filed the suit for partition and permanent injunction alleging the petitioner is son of Abdul Jabbar.

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Learned counsel for the petitioners submits that in that view of matter, the suit is not liable to be succeeded for partition and deserves to be dismissed under Order 7 Rule 11 (d) CPC.

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The trial court has dismissed the application under Order 7 Rule 11 (d) CPC with the observation that the objection raised by petitioner-defendants under Order 7 Rule 11 (d) CPC is a mix question of fact and law, hence the same would be adjudicated after recording the evidence of both parties before the trial court.

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This Court does not find any jurisdictional error in the order passed by the trial court. It is clear that the objection raised by

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(3 of 3)

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[CR-137/2022]

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the petitioner-defendants does not fall within the scope of Order 7 Rule 11 (d) CPC, hence no interference is called for in the impugned order.

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Accordingly, the revision petition stands dismissed.

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Stay application and any other pending application(s), if any, stand(s) disposed of.