Smt Panchi Bai W/O Shri Chitarlal vs Shanti Bai W/O Shri Bhanwar Lal
2022 Latest Caselaw 7793 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 1757/2022

Smt Panchi Bai W/o Shri Chitarlal, R/o Village Naya Nohra, Tehsil
Ladpura, District Kota.
                                                                     ----Petitioner
                                     Versus
1.        Shanti Bai W/o Shri Bhanwar Lal, R/o Kakravda, Tehsil
          Digod, District Kota, Raj.
2.        Kewal Singh S/o Shri Kallu Singh, R/o Kakravda, Tehsil
          Digod, District Kota, Raj.
                                                                  ----Respondents

For Petitioner(s)           :    Mr. Samarth Sharma
For Respondent(s)           :    Mr. Amit Jindal

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order

Order Reserved on :: 01.12.2022 Order Pronounced on :: 13.12.2022

Petitioner has preferred this petition under Article 227 of

Constitution of India against the order dt. 11.10.2021 passed by

learned Additional Chief Judicial Magistrate No.7, Kota whereby

the learned court has rejected the application under Section 10 of

CPC read with Section 151 CPC for staying the proceedings of the

suit.

Learned counsel for the petitioner submits that respondent

No.1 had filed a civil suit against the petitioner in which petitioner

had filed an application under Section 10 read with Section 151

CPC but trial court vide order dt. 11.10.2021 wrongly dismissed

the application filed by the petitioner. Learned counsel for the

petitioner submits that respondent had filed the revenue suit

against the petitioner in which subject matter and parties are the

same as civil suit filed by the respondent No.1. Learned counsel

(2 of 3) [CW-1757/2022]

for the petitioner also submits that in which respondent sought

relief that she is adopted daughter of Panni, so sale deed dt.

20.3.1996 be declared null and void. Learned counsel for the

petitioner submits that revenue appellate authority remanded the

suit filed by the respondent and framed two issues. In issue No.1

that sale deed be cancelled by competent court and in issue no.2

that whether respondent is legal heirs of Radha & Panni. Learned

counsel for the petitioner also submits that issue regarding

adopted daughter be sent to the civil court for adjudication.

Learned counsel for the petitioner submits that cancellation of sale

deed ancillary that can be given by the revenue court. So, there is

no need to file fresh suit. Learned counsel for the petitioner

submits that respondent wrongly filed the civil suit for declaration

of adoption and cancellation of sale deed. So, proceedings of the

civil suit be stayed till disposal of the revenue suit.

Learned counsel for the petitioner has relied upon the

judgments of this court in the case of Rukmani vs. Bhola & ors.

reported in RLW 2012 (2) Rj 906 HC and Vijay Singh & anr.

vs. Buddha & ors. RLW 2012 (2) RJ 896 HC.

Learned counsel for the respondent No.1 has opposed the

arguments advanced by learned counsel for the petitioner and

submitted that revenue court cannot cancel the registered sale

deed and declaration regarding adoption would be adjudicated by

the civil court only. So, respondent No.1 had rightly filed the civil

suit for these reliefs. Learned trial court rightly dismissed the

application filed by the petitioner. So, petition be dismissed.

I have considered the arguments advanced by learned

counsel for the petitioner as well as learned counsel for the

respondents.

(3 of 3) [CW-1757/2022]

It is an admitted position that revenue appellate authority

had framed two issues regarding adoption of respondent No.1 and

cancellation of sale deed. Trial court in its order clearly stated that

these reliefs can only be granted by the civil court. In my

considered opinion, respondent No.1 rightly filed the civil suit

regarding these reliefs and learned civil court rightly dismissed the

application filed by the petitioner u/s 10 read with Section 151

CPC. So, present petition is being devoid of merits and liable to be

dismissed.

Therefore, the present petition stands dismissed.

Pending applications, if any, also stand dismissed.

(NARENDRA SINGH DHADDHA),J

Brijesh 16.

Powered by TCPDF (www.tcpdf.org)