Dismissed

Veer Singh S/O Jhutha, v. Rajesh S/O Madu

Rajasthan HC2 Sept 2024CR/214/2022

Case brief

AI extract

What is this about?

The High Court dismissed a civil revision petition challenging a Trial Court order that rejected an application for dismissal of a suit under Order 7 Rule 11 CPC. The petitioner argued the court lacked jurisdiction as the land was government revenue land. The High Court found no error in the Trial Court's order requiring evidence.

What did the court decide?

The civil revision petition stands dismissed. Pending applications, if any, are disposed of.

Veer Singh S/O Jhutha, Vs Rajesh S/O Madu — Property and Title | Rajasthan HC (2024)

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[2024:RJ-JP:36758]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Revision Petition No. 214/2022

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Veer Singh S/o Jhutha, R/o Village Nayi Dhani Sanjay Nagar, Tehsil Khetri, District Jhunjhunu (Raj.).

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Kishor S/o Jutha, R/o Village Nayi Dhani Sanjay Nagar, Tehsil Khetri, District Jhunjhunu (Raj.).

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Balbeer S/o Jhutha, R/o Village Nayi Dhani Sanjay Nagar, Tehsil Khetri, District Jhunjhunu (Raj.).

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Sanwarmal S/o Jhutha, R/o Village Nayi Dhani Sanjay Nagar, Tehsil Khetri, District Jhunjhunu (Raj.).

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----Petitioners

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Versus

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Rajesh S/o Madu, Aged About 58 Years, R/o Village Nayi Dhani Sanjay Nagar, Tehsil Khetri, District Jhunjhunu (Raj.).

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----Respondent

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For Petitioner(s) : Mr. Sudhir Yadav For Respondent(s) : None present

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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02/09/2024

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The present civil revision petition has been filed under Section 115 C.P.C. against the order dated 30.08.2022 passed by the Court of learned Civil Judge, Khetri, Distt. Jhunjhunu in Civil Case No.58/2022 whereby the application filed by the petitioners under Order 7 Rule 11 C.P.C., was dismissed.

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Learned counsel for the petitioners submits that the application filed under Order 7 Rule 11 C.P.C. was dismissed by learned Civil Court vide its order dated 30.08.2022 even though the said Court has no jurisdiction to decide the matter. Counsel further submits that in this case, the provisions of Rajasthan Land

[2024:RJ-JP:36758]

[CR-214/2022]

(2 of 2)

Revenue Act, 1956, are applicable, hence, this case falls within the jurisdiction of learned Revenue Court. Learned counsel also submits that the disputed land is a Government Revenue land and as per Section 259 of the Land Revenue Act, 1956, the case should be tried in the Revenue Court only.

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Despite service, no one is present on behalf of the respondent.

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Heard learned counsel for the petitioners and perused the material made available on record.

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It is clearly emanating from the order dated 30.08.2022 passed by learned Trial Court that both; the petitioners and respondent, have constructed over the disputed land. Learned Trial Court in its order has clearly mentioned the nature of the disputed land and the clarification of all these facts will be possible only after presentation of evidence(s) by both the parties.

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After going through the entire facts & circumstances of the case & considering the submissions made at bar, this Court does not find any legal or factual error in the order dated 30.08.2022 passed by the learned Trial Court.

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Consequently, the present revision petition stands dismissed. Pending application(s), if any, also stands disposed of.

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(VINOD KUMAR BHARWANI),J

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SAHIL SONI /43

Veer Singh S/O Jhutha, v. Rajesh S/O Madu

Case brief

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Veer Singh S/O Jhutha, v. Rajesh S/O Madu

Case brief

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