Soyal Khan vs Moinuddin Khan
2021 Latest Caselaw 13111 Raj

(1 of 2) [CR-32/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Revision Petition No. 32/2021

1. Soyal Khan S/o Shafi Mohammed, Aged About 21 Years, Behind Old Power House, Sarkhelon Ka Mohallah, Bikaner

2. Shafi Mohammed S/o Hameer Khan, Aged About 61 Years, Behind Old Power House, Sarkhelon Ka Mohallah, Bikaner

----Petitioners Versus

1. Moinuddin Khan S/o Mehboob Khan, Village Ladusar, Tehsil Malsisar, Dis. Jhunjhunu

2. Samsad Ali S/o Mehboob Khan, Ladusar, Tehsil Malsisar, Dis. Jhunjhunu

3. Yusuf Ali S/o Mehboob Khan, Ladusar, Tehsil Malsisar, Dis.

Jhunjhunu

4. Bhanwari @ Hafiz Bano D/o Mehboob Khan, Ladusar, Tehsil Malsisar, Dis. Jhunjhunu

5. Sub Registrar, Anupgarh, Dis. Sri Ganganagar

6. District Collector, Sri Ganganagar

----Respondents

For Petitioner(s) : Mr. J.L. Purohit, Sr. Advocate assisted by Mr. N.R. Budania.

For Respondent(s) :

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

25/08/2021

Learned counsel for the petitioners with reference to the

judgment in Pyarelal v. Shubhendra Pilania & Ors. : (2019) 3 SCC

692 made submissions that the trial court was not justified in

rejecting the application under Order VII, Rule 11 CPC by simply

observing that the jurisdiction to declare a registered document

(2 of 2) [CR-32/2021]

pertaining to agriculture land as null & void is with the civil court

only, which is contrary to the settled law.

In view of the submissions made, issue notice. Issue notice

of stay application also.

Both are made returnable within a period of four weeks.

Notices, when issued, be given 'dasti' to learned counsel for

the petitioners.

In the meanwhile & till further orders, further proceedings in

Civil Original Suit No.85/2021 pending before the court of Civil

Judge, Anoopgarh shall remain stayed.

(ARUN BHANSALI),J

38-Rmathur/-

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