Smt Panchi Bai W/O Shri Chitarlal vs Shanti Bai W/O Shri Bhanwar Lal
2022 Latest Caselaw 2768 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
                                                                   ----Petitioner
                                   Versus
Shanti Bai & Anr.
                                                                ----Respondents

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

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

31/03/2022 Learned counsel for the petitioner/defendant no.1 submits

that while dismissing her application under Section 10 CPC,

learned trial Court did not appreciate that in a revenue suit where

a decree of declaration is sought with regard to khatedari land,

the Court is also competent to grant decree for cancellation of sale

deed being an ancillary relief. He, in support of his submission,

relies upon a co-ordinate Bench judgment of this Court in case of

Vijay Singh & Anr. Vs. Buddha & Ors.: RLW 2012(2) RJ 896

(HC). He submits that even otherwise also, if a Revenue Court is

of the view that one or more issues involved in a revenue suit are

triable by Civil Court, it can refer such issue(s) to the Civil Court

for decision thereon.

Issue notice confined to respondent no.1. Rule is made

returnable by five weeks. Notices be filed in two sets. One set of

notices be sent through registered post with acknowledgment due.

Steps to be taken within a week.

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

Learned counsel is also permitted to serve the learned

counsel appearing for the respondent no.1 before the learned trial

Court.

Heard learned counsel for the petitioner on interim relief.

Taking into consideration the contention advanced by the

learned counsel for the petitioner and the material on record, this

Court deems it just and proper to stay the further proceeding in

the Civil Suit No.3/2015, till further orders.

(MAHENDAR KUMAR GOYAL),J

MADAN/74

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