Dismissed

Uda Dangi v. Kanna Ji Dangi and Ors.

Rajasthan HC11 Jul 2023CR/67/2017

Case brief

AI extract

What is this about?

This order dismissed a civil revision petition preferred against the dismissal of a suit for cancellation of power of attorney and sale deed. The High Court held that the impugned order was in consonance with law, emphasizing that such suits are maintainable only before the Civil Court.

What did the court decide?

Revision petition dismissed; stay petition and pending applications disposed of.

Uda Dangi Vs Kanna Ji Dangi and Ors. — Property and Title | Rajasthan HC (2023)

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[2023:RJ-JD:20729]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Revision Petition No. 67/2017

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Uda Dangi S/o Shri Deva Ji Dangi, By Caste Dangi, Resident Of Village Manwa Kheda, Tehsil Girwa, District Udaipur.

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----Petitioner

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Versus

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Kanna Ji Dangi S/o Shri Uda Dangi, Resident Of 6-A, Anand Vihar Colony, Hiran Magri, Sector-4, Udaipur.

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Sanjay @ Tulsi Ram Dangi S/o Shri Kanna Ji Dangi, Resident Of 6-A, Anand Vihar Colony, Hiran Magri, Sector4, Udaipur.

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Rajesh S/o Shri Nawal Ram Dangi, Resident Of Village Manwa Kheda, Tehsil Girwa, District Udaipur.

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Shri Roshan Lal S/o Hukmi Chand Dangi, Resident Of Eklingpura, Tehsil Girwa, District Udaipur.

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Sub-Registrar Ii, Udaipur.

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The Urban Improvement Trust, Udaipur Through Its Secretary, Uit Udaipur.

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----Respondents

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For Petitioner(s) : Mr. Khet Singh For Respondent(s) : Mr. Vijay Purohit Mr. Prashant Tatia Mr. Rajesh Shah

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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11/07/2023

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The present revision petition has been preferred against the order dated 28.11.2016 passed by the Additional District Judge No.4, Udaipur in Civil Suit No.36/2016, whereby the application under Order VII Rule 11 read with Section 151 CPC has been dismissed by the learned Court below.

¶19

The application under Order VII Rule 11 read with Section 151 CPC was preferred by the defendant on the premise that the suit for cancellation of power of attorney and the sale deed in question was not maintainable before the Civil Court without the

[2023:RJ-JD:20729]

[CR-67/2017]

(2 of 2)

plaintiffs getting their khatedari rights declared by the Revenue Court first.

¶24

The Court below specifically observed that the suit was preferred for cancellation of power of attorney and the sale deed which were alleged by the plaintiffs to be forged documents. The Court further specifically observed that the said relief can be granted only by the Civil Court and so far as declaration of rights of the plaintiffs is concerned, the same had already been declared by the Revenue Court in favour of deceased Uda which had not been challenged by anyone and therefore, no further declaration was required by any Court.

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An interesting fact in the matter is that an affidavit by the present petitioner/defendant No.1 Uda Dangi has been filed before the Court below, wherein he himself has specifically admitted that the land in question does not belong to him and power of attorney and the sale deed in question had been fraudulently prepared by his grandson.

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Without recording any finding on the said affidavit, this Court is of the specific opinion that the order impugned is totally in consonance with law as any suit for cancellation of sale deed would definitely be maintainable before the Civil Court only.

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In view of the same, the present revision petition being devoid of merits is dismissed .

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Stay petition and all pending applications also stand disposed of.

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(REKHA BORANA),J

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419-Taruna/-

Uda Dangi v. Kanna Ji Dangi and Ors.

Case brief

What is this about?

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Uda Dangi v. Kanna Ji Dangi and Ors.

Case brief

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