Ramgopal S/O Ladu vs Nathu S/O Gopi
2021 Latest Caselaw 2107 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 21300/2019

1.     Ramgopal S/o Ladu,
2.     Chaturbhuj S/o Ladu,
3.     Kanaram S/o Ladu,
4.     Prabhu S/o Ladu,
5.     Ladbai D/o Ladu,
6.     Manoj S/o Lala,         aged about 16 years, Minor Through
       Uncle Ramgopal,
       All are R/o Village Baroni, Tehsil And District Tonk.
                                                    ----Petitioners/Applicants
                                     Versus
1.     Nathu S/o Gopi,
2.     Ramsawroop S/o Gopi,
3.     Prem D/o Gopi,
4.     Mst. Bhuri W/o Gopi,
       All are R/o Village Baroni, Tehsil And District Tonk.
5.     State Bank Of India, Branch Tonk Through Manager.
6.     State Of Rajasthan, Through Tehsildar, Tonk.
                                          ----Respondents/Non-Applicants

For Petitioner(s) : Mr. Gajendra Singh Rathore For Respondent(s) : Mr. Veer Pratap Singh with Mr. Dharmendra Kumar Mr. Kuldeep Sharma for Mr. Akshay Sharma, AGC

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

01/03/2021 The matter comes up on an application (1/2020) filed by the

respondents no.1 to 4 seeking further direction; however, learned

counsels appearing for the respective parties submitted that the

matter may be heard today for admission.

(2 of 4) [CW-21300/2019]

Acceding to the request of the learned counsel, the matter

was heard for admission today.

The facts in brief are that the petitioners-plaintiffs filed a suit

for declaration, correction of entries and permanent injunction

with regard to certain parcels of lands. Alongwith the suit, an

application for temporary injunction was also filed wherein, it was

prayed that the respondents may be directed to maintain status

quo with regard to the property, the subject matter of suit.

Learned trial Court, vide its order dated 12.12.2015, partly

allowed the application filed by the petitioners are directed the

parties to maintain status quo as regards its physical status and

revenue record qua the land of Khasra No.1482 only. Being

aggrieved thereof, petitioners as well as respondents no.1 to 4

preferred separate appeals which came to be decided by the

learned Revenue Appellate Authority vide its common judgment

dated 09.11.2017 whereby, the appeal preferred by the

respondents was dismissed and the appeal preferred by the

petitioners was partly allowed and the order dated 12.12.2015

was modified to the extent that instead of both the parties,

respondents only were directed to maintain status quo with regard

to land of Khasra no.1482. The dissatisfied petitioners filed a

revision petition which has been dismissed by the Board of

Revenue Rajasthan, Ajmer vide order impugned dated

29.11.2019.

Assailing the order impugned, learned counsel for the

petitioners submitted that the learned trial Court, despite

recording its observation that if the status of the land in question

was altered during pendency of the suit, the plaintiffs would suffer

(3 of 4) [CW-21300/2019]

irreparable loss, erred in confining the interim order in respect of

part of land only i.e. qua Khasra No.1482. Learned counsel

submitted that the dispute being related to immovable property,

the learned Court below ought to have directed the respondents to

maintain status quo qua whole of the land and not only with

respect to land of Khasra No.1482. He, therefore, prayed that the

writ petition may be allowed.

Learned counsels appearing for the respondents submitted

that the findings recorded by the learned trial Court have been

upheld by the appellate Court as well as revisional Court and the

same do not warrant any interference by this Court under its

supervisory jurisdiction. They submitted that there is a concurrent

finding of fact that the petitioners are in possession of land of

Khasra No.1482 only and hence, the direction issued by the

learned trial Court does not suffer from any error and the writ

petition deserves to be dismissed.

Heard the learned counsels for the parties and perused the

record.

The learned trial Court has recorded a categorical finding

that the petitioners have been able to establish prima facie case,

balance of convenience and irreparable loss, partly only and

accordingly direction was issued to maintain status quo qua the

land of Khasra No.1482 only. The aforesaid findings have been

affirmed by the learned appellate Court as well as by the learned

revisional Court. Undisputedly, whole of the land except the land

of Khasra No.1482, is under the khatedari and cultivatory

possession of the respondents. This Court has gone through the

concurrent finding of facts recorded by the learned Courts below

(4 of 4) [CW-21300/2019]

and finds that the same are based on material on record and do

not suffer from any perversity or illegality warranting interference

by this Court under its extraordinary and supervisory jurisdiction

vide Article 227 of the Constitution of India.

Resultantly, this writ petition is dismissed being devoid of

merit.

The pending application stands disposed of accordingly.

(MAHENDAR KUMAR GOYAL),J

MADAN/53

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