Citation : 2021 Latest Caselaw 5570 Raj/2
Judgement Date : 4 October, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 11153/2021
Smt. Laxmidevi W/o Shyamlal, R/o Paima Ki Dhani, Khanpur
Baroda Tehsil Gangapur City.
----Petitioner
Versus
1. State Of Rajasthan, Through Tehsildar Tehsil Gangapur
City, District Sawai Madhopur.
2. State Of Rajasthan, Through District Collector,
Sawaimadhopur.
3. Murti Mandir Shri Govind Ji Maharaj Virajman,
Dhundeshwar Gram Chuli Saswat, Minor Through
Guardian Pujari Shankar Lal Adopted Son Of Makhandas,
Dhundeshwar, Chuli, District Sawai Madhopur.
----Respondents
For Petitioner(s) : Mr. Amit Jindal for Mr. Subash Kumar Jindal
JUSTICE DINESH MEHTA
Order
04/10/2021
1. Challenging the order dated 13.08.2021, Mr. Jindal, learned
counsel for the petitioner submits that while considering the
application under Order VII Rule 11 of the Code of Civil Procedure,
the Court is required to see the plaint only.
2. In support of his contention that looking to nature of the
suit, Revenue Court will not be an appropriate forum and the relief
can be granted only by the Civil Court, learned counsel relies upon
judgment dated 15.12.2017, passed by Hon'ble the Supreme
Court in case of Harpal Singh Vs. Ashok Kumar & Anr. in Civil
Appeal No.022967/2017.
(2 of 2) [CW-11153/2021]
3. Matter requires consideration.
4. Issue notice. Issue notice of stay application also, returnable
within six weeks.
5. Till then, status quo as it exists today, shall be maintained.
(DINESH MEHTA),J
284-Amar/-
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