Bhagwan Sahay S/O Noparam vs Sadhuram S/O Kaluram Saini
2022 Latest Caselaw 4822 Raj/2

                                            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                        BENCH AT JAIPUR
                                                    S.B. Civil Revision Petition No. 120/2022
                                   Bhagwan Sahay S/o Noparam & Ors.
                                                                                                        ----Petitioners
                                                                          Versus
                                   Sadhuram S/o Kaluram Saini & Ors.
                                                                                                      ----Respondents

For Petitioner(s) : Mr. Gaurav Gupta For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL Order 14/07/2022 Learned counsel for petitioners-defendants submits that respondents-plaintiffs filed a civil suit for permanent injunction and possession before the civil court on 28.03.2012 and thereafter have instituted a subsequent revenue suit on 30.05.2012 before the Sub Divisional Officer, Shahpura claiming declaration of khatedari rights.

Learned counsel for petitioners placed reliance on judgment passed by Hob'ble Supreme Court in case of Pyarelal vs Shubhendra Pilania (Minor) reported in [(2019) 3 SCC 692].

Counsel for petitioners submits that both suits cannot proceed simultaneously.

Heard.

Issue notice to respondents.

On request of counsel for petitioners, service of notices upon respondent Nos.6 to 18, who are proforma respondents and co- defendants with petitioners before the trial court, is dispensed with.

Issue notice to respondent Nos.1 to 5 only. Till further orders, further proceedings of Civil Suit N.C.V. No.53/2016 (9/2012) pending before the Court of Senior Civil Judge, Shahpura, District Jaipur shall remain stayed.

(SUDESH BANSAL),J SAURABH/19

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