Ram Gopal Chaudhari S/O ... vs Chaturbhuj S/O Bhanwar Lal Jaat
2022 Latest Caselaw 3293 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                S.B. Civil First Appeal No.300/2020

Ram Gopal Chaudhari S/o Prithviraj Jaat
                                                            ----Appellant/Plaintiff
                                     Versus
Chaturbhuj S/o Bhanwar Lal Jaat & Ors.
                                                 ----Respondents/defendants

For Appellant(s) : Mr. Hemant Kumar Sharma For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

25/04/2022

Appellant-plaintiff has filed a civil suit for partition and

permanent injunction in relation to properties mentioned in para

No.2(अ) to 2(य).

Undisputedly, the property 2(अ) is a house alleged to be in

joint possession of parties and remaining properties are

agricultural. The trial court, vide judgment dated 21 st October,

2019 dismissed the suit for partition in relation to house described

in 2(अ) and for remaining properties, released the parties to seek

partition before the revenue court.

Learned counsel for appellant submits that a composite suit

for partition including the residential and agricultural properties is

maintainable before the civil court. In the present case, the house

property has not been found belonging to parties to the present

suit as there is no title documents. In this view, the aforesaid

argument is not maintainable at this stage. However, since the

issue of partition about the house described in 2( अ) is involved,

the appeal is admitted to that extent. In relation to seek partition

(2 of 2) [CFA-300/2020]

of the agricultural properties 2(ब) to 2(य), the trial court has

rightly observed that the parties may seek partition before the

revenue court. This appeal is not entertained in that respect.

Heard.

Admit.

Issue notice to respondents.

In the meanwhile, both parties shall maintain status quo as

to alienation and possession in relation to house properties

described in para No.2(अ) of the plaint.

(SUDESH BANSAL),J

SAURABH/15

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