Daulat Singh vs Karan Singh
2021 Latest Caselaw 19077 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 28/2018

1 Daulat Singh S/o Shri Bhanwar Singh, aged about 62 years 2 Ganesh Singh S/o Shri Bhanwar Singh, All By Caste Rajput, Resident Of Dhingsary, Tehsil Ladnu, District Nagour.

----Appellant Versus Karan Singh S/o Shri Bhanwar Singh, Resident Of Dhingsary, Tehsil Ladnu, District Nagaur.

                                                                ----Respondent


For Appellant(s)         :     Mr. Moti Singh
For Respondent(s)        :     Mr. O.P. Mehta



           HON'BLE MR. JUSTICE SUDESH BANSAL

                                    Order

15/12/2021

The appellants have filed this first appeal assailing the

judgment and decree dated 26.09.2017, whereby the registered

release deed dated 02.07.2013 has been set aside.

Learned counsel for the appellants submits that out of the

land of khasara No.355, 366, 368, 370, 417, 418 and 419 total

measuring 125 Bighas and 19 Biswas at vilalge Dhingsary, Tehsil

Ladnun for 1/9 share of Bhanwar Singh and 1/9 share of Chain

Singh was got released by the respondent-defendant Karan Singh

while registering release-deed dated 02.07.2013, whereas both

the executant Bhanwar Singh and Chain Singh were of unsound

mind, however, the trial court has dismissed the suit.

Learned counsel for the respondent raised the objections

that the appellants are neither authorized person to bring the suit

for on behalf of Bhanwar Singh and Chain Singh nor were

(2 of 2) [CFA-28/2018]

appointed as guardian, therefore, the suit filed by the appellants is

not maintainable.

Heard. The matter requires consideration.

Admit. Call for the record of the trial court.

Since the sole respondent has put in appearance, no need to

issue fresh notice.

Heard on the stay application.

It is not disputed between the parties that the suit land has

already been put for partition and partition has taken place. As far

as 1/9-1/9 shares of Bhanwar Singh and Chain Singh, the

mutation of that share has been sanctioned in the name of

respondent-defendant and the respondent-defendant alleges

himself to be in possession of that share also.

Be that as it may, during the pendency of this first appeal,

the respondent is restrained from alienating the property in

question to the extent of 1/9-1/9 shares of Bhanwar Singh and

Chain Singh mentioned in the release deed dated 02.07.2013.

The stay application stands disposed of.

(SUDESH BANSAL),J

1-Taruna/-

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