Rajasthan High Court - Jodhpur
Anop Devi vs Board Of Revenue on 8 April, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5557/2021
1. Smt. Anop Devi Wd/o Ladulal Vyas, Aged About 73 Years,
R/o Uncha, Tehsil Jahajpur, District Bhilwara.
2. Manju D/o Ladulal Vyas W/o Gopal Sharma, Aged About
50 Years, R/o Uncha, At Present Satana, Tehsil
Vijaynagar, District Ajmer.
----Petitioners
Versus
1. Board Of Revenue, Ajmer
2. Bal Kishan S/o Harak Chand Kabra, R/o B-241, R.k.
Colony, Bhilwara.
3. Kailash S/o Ladu Ram Kabra, R/o B-241, R.k. Colony,
Bhilwara.
4. Smt. Ratni W/o Mangilal Vyas, R/o Shyampura, Tehsil
Mandalgarh, District Bhilwara.
5. Smt. Shyamlata W/o Manohar All Vyas, R/o Shyampura,
Tehsil Mandalgarh, District Bhilwara.
6. Krishna D/o Manohar Lal Vyas, Minor Through Mother
Smt. Shyamlata W/o Manohar Lal, R/o Shyampura, Tehsil
Mandalgarh, District Bhilwara.
7. Minni D/o Manohar Lal Vyas, Minor Through Mother Smt.
Shyamlata W/o Manohar Lal, R/o Shyampura, Tehsil
Mandalgarh, District Bhilwara.
8. Shivam S/o Manohar Lal, Minor Through Mother Smt.
Shyamlata W/o Manohar Lal, R/o Shyampura, Tehsil
Mandalgarh, District Bhilwara.
9. State Of Rajasthan, Through Tehsildar, Tehsil Jahajpur,
District Bhilwara.
10. Kanta D/o Ladulal Vyas W/o Raghunandan Sharma, Aged
About 47 Years, R/o Uncha, At Present Naghar Ka
Chohata, Bundi.
----Respondents
For Petitioner(s) : Mr. Sandeep Saruparia
For Respondent(s) : Mr. B.K. Mehar
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
08/04/2021
(Downloaded on 09/04/2021 at 08:53:08 PM)
(2 of 2) [CW-5557/2021]
In wake of onslaught of COVID-19, abundant caution is being
taken while hearing the matters in Court.
Learned counsel for the petitioners submits that the
petitioners preferred an appeal against the judgment dated
10.12.2019 against which, first appeal was filed and an interim
order was passed on 10.02.2020. He further submits that an ad-
interim order was challenged by the bonafide purchaser, against
which, the impugned order has been passed on 20.11.2020
granting the bonafide purchaser an opportunity to become a party
and also vacating the interim order.
This Court, upon hearing the submissions and perusing the
record, finds that the petitioners have a legal right to pursue the
appeal and an ad-interim order dated 10.02.2020 shall not
prejudice the respondents because they shall have an opportunity
to appear before the appellate court, who shall finally decide the
issue of stay.
In view of the above, the present petition is disposed of. The
impugned order dated 20.11.2020 is modified to the extent that
the ad-interim order granted by the appellate court on 10.02.2020
shall remain in currency. The respondents shall be free to become
party and if they oppose the stay, the appellate court shall pass
fresh order after hearing both the parties. Needful be done in an
expeditious manner.
Stay petition also stands disposed of.
(DR. PUSHPENDRA SINGH BHATI),J.
125-Zeeshan
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