Ravi vs Ramchandra
2022 Latest Caselaw 10805 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 343/2022 Ravi S/o Punaram, Aged About 25 Years, B/c Jaat, Niwasi Gram Chapari Khurd Tehsil Merta Distt. Nagaur.

----Appellant Versus

1. Ramchandra S/o Sukhdevram, B/c Jaat (Riyar) Niwasigan Chapari Khurd Tehsil Merta Distt. Nagaur.

2. Mallaram S/o Sukhdevram, B/c Jaat (Riyar) Niwasigan Chapari Khurd Tehsil Merta Distt. Nagaur.

3. Punaram S/o Sukhdevram, B/c Jaat (Riyar) Niwasigan Chapari Khurd Tehsil Merta Distt. Nagaur.

4. Smt. Aaychuki, Dharm Patni Late Shri Sukhdevram Ke Kayam Mukaman-

5. Ramchandra S/o Sukhdevram, B/c Jaat (Riyar) Niwasigan Chapari Khurd Tehsil Merta Distt. Nagaur.

6. Mallaram S/o Sukhdevram, B/c Jaat (Riyar) Niwasigan Chapari Khurd Tehsil Merta Distt. Nagaur.

7. Punaram S/o Sukhdevram, B/c Jaat (Riyar) Niwasigan Chapari Khurd Tehsil Merta Distt. Nagaur.

8. Bheeka D/o Late Shri Sukhdevram, W/o Prahladram, Niwasi Kuchera Tehsil And Distt. Nagaur.

9. Genda D/o Late Shri Sukhdevram, W/o Ramdev Niwasi Aakeli A Tehsil Merta Distt. Nagaur.

                                                                ----Respondents


For Appellant(s)         :     Mr. IR Choudhary
For Respondent(s)        :     Mr. OP Joshi

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

24/08/2022

Learned counsel for the plaintiff-appellant submits that the

suit property is coparcenary/ancestral property over which the

plaintiff-appellant is having his share. However, the defendants -

(2 of 3) [CFA-343/2022]

respondents nos.1,2 and 4 while taking the benefits of his father

being mentally retarded and deaf & dumb, executed three

relinquishment deeds on 21.9.2010 in their favour and the same

are illegal. Further, learned counsel submits that a coparcener in

a joint family cannot transfer the coparcenery property so as to

defeat the rights of other members. In support of his

contentions, learned counsel has relied upon the following

judgments:

1. Shyam Narayan Prasad Vs. Krishna Prasad & Ors reported in AIR 2018 Supreme Court 3152

2. Arshnoor Singh Vs. Harpal Kaur & Ors. Reported in AIR 2019 Supreme Court 3098

3. Narain Singh Vs. Amraram & Ors reported in RLW 1992(1)

4. Pemmada Prabhakar Vs. Youngmen's Vysya Association reported in (2015) DNJ 53

Mr. OP Joshi, learned counsel appearing for the caveator-

respondents opposed the prayer made by learned counsel for the

appellants and submits that the learned trial court has rightly

passed the impugned judgment and decree. Learned counsel

submits that son is not entitled to partition of the ancestral

property while his father is alive. In support of his contentions he

relied upon the judgment of the Hon'ble Supreme Court delivered

in the case of Uttam Vs. Saubhag Singh & Ors. Reported in 2016

DNJ (SC) 258.

Matter requires consideration.

Admit. Issue notice to the respondents nos.3, 4/1, 4/2 and

4/3. Issue notice of the stay application also, returnable within

four weeks.

(3 of 3) [CFA-343/2022]

Meanwhile, status quo as it exists today with respect to the

suit property shall be maintained and the respondents are

restrained from alienating the suit property.

(MADAN GOPAL VYAS),J 101-CPGoyal/-

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