HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 5982/2022
Bherulal Sherawat S/o Late Shri Ramdev Sherawat & Anr.
----Petitioners
Versus
Shri Bheruram S/o Nathu & Ors.
----Respondents
For Petitioner(s) : Mr. Amit Jindal For Respondent(s) :
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 04/05/2022 Learned counsel for the petitioners submits that the Court of Assistant Collector, Jaipur City-I has, vide its judgment and decree dated 07.04.2021 passed a preliminary decree of partition without determining respective shares of the parties. He submits that the First Appellate Court erred in dismissing the appeal vide its judgment dated 25.02.2022 without appreciating this aspect of the matter. Learned counsel submitted that although, the Board of Revenue, Rajasthan, Ajmer (for brevity "the BOR") has admitted the second appeal vide its order dated 28.03.2022 recording a categorical finding that it involves substantial question(s) of law but, did not pass any order on the pending stay application in absence whereof, final decree is likely to be passed on 11.05.2022. He submits that in absence of determination of respective shares of the parties in the subject land vide a preliminary decree, no final decree can be passed. (Downloaded on 04/05/2022 at 09:37:16 PM)
(2 of 2) [CW-5982/2022] Issue notice of the writ petition as well as of the stay application. Rule is made returnable by four weeks. Notices may also be given "Dasti".
Petitioners are also permitted to serve the respondents through their counsel(s) appearing before the BOR/learned trial Court.
Heard learned counsel on interim relief. Taking into consideration the contentions advanced by him and the material on record, this Court deems it just and proper to stay passing of the final decree, till further orders.
(MAHENDAR KUMAR GOYAL),J Manish/113 (Downloaded on 04/05/2022 at 09:37:16 PM) Powered by TCPDF (www.tcpdf.org)