Bherulal Sherawat S/O Late Shri ... vs Shri Bheruram S/O Nathu
2022 Latest Caselaw 3518 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 5982/2022

Bherulal Sherawat S/o Late Shri Ramdev Sherawat & Anr.
                                                                    ----Petitioners
                                    Versus
Shri Bheruram S/o Nathu & Ors.
                                                                  ----Respondents

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

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

04/05/2022

Learned counsel for the petitioners submits that the Court of

Assistant Collector, Jaipur City-I has, vide its judgment and decree

dated 07.04.2021 passed a preliminary decree of partition without

determining respective shares of the parties. He submits that the

First Appellate Court erred in dismissing the appeal vide its

judgment dated 25.02.2022 without appreciating this aspect of

the matter. Learned counsel submitted that although, the Board of

Revenue, Rajasthan, Ajmer (for brevity "the BOR") has admitted

the second appeal vide its order dated 28.03.2022 recording a

categorical finding that it involves substantial question(s) of law

but, did not pass any order on the pending stay application in

absence whereof, final decree is likely to be passed on

11.05.2022. He submits that in absence of determination of

respective shares of the parties in the subject land vide a

preliminary decree, no final decree can be passed.

(2 of 2) [CW-5982/2022]

Issue notice of the writ petition as well as of the stay

application. Rule is made returnable by four weeks. Notices may

also be given "Dasti".

Petitioners are also permitted to serve the respondents

through their counsel(s) appearing before the BOR/learned trial

Court.

Heard learned counsel on interim relief.

Taking into consideration the contentions advanced by him

and the material on record, this Court deems it just and proper to

stay passing of the final decree, till further orders.

(MAHENDAR KUMAR GOYAL),J

Manish/113

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