Rani vs Smt Kalavati And Ors ...
2023 Latest Caselaw 5169 Raj/2

[2023:RJ-JP:25953]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                  S.B. Civil Writ Petition No. 1749/2017

Rani D/o Late Shri Babulal W/o Naresh, r/o Village Bassi, Tehsil
Bassi, District Jaipur, At Present R/o Plot No. 37, Kishan Vihar,
Goner Road, Jaipur
                                                                  ----Petitioner
                                     Versus
1.       Smt. Kalavati W/o Babulal Sharma, B/c Brahmin, Plot No.
         275, Dadumarg Barkat Nagar, Tonk Phatak, Jaipur.
                                                                  ...Respondent

2. Roshanlal S/o Late Babulal

3. Reena D/o Late Babulal

4. Neha D/o Late Babulal

5. Sarasvati W/o Late Babulal

6. Ramanlal S/o Late Babulal, R/o Village Bassi, Tehsil Bassi, District Jaipur.

7. Niranjan S/o Kanhaiyalal

8. Girish Kumar S/o Kanhaiyalal

9. Dinesh S/o Late Suresh

10. Manish S/o Late Suresh, R/o Village Bassi, Tehsil Bassi, District Jaipur.

11. Smt. Chandrakanta W/o Sudhir Choudhary, B/c Jat, L.b.s.

Colony, Bassi, Tehsil Bassi, District Jaipur.

12. Radheshyam S/o Revadram

13. Dashrath S/o Revadram, R/o Village Bassi, Tehsil Bassi, District Jaipur.

14. Ramjilal S/o Laxminarayan, B/c Brahmin, Village Bassi, Tehsil Bassi, District Jaipur

15. Smt. Urmila Devi W/o Shyamlal Potalya, B/c Hariyana Brahmin, Village Bassi, Tehsil Bassi, District Jaipur

16. Nathi W/o Bhagwan Sahay, B/c Hariyana Brahmin, Village Bassi, Tehsil Bassi, District Jaipur

17. State Of Rajasthan Through Tehsildar, Bassi, District Jaipur

18. Sub Registrar, Bassi, District Jaipur

19. Gram Panchayat, Bassi Through Sarpanch, Village Bassi,

[2023:RJ-JP:25953] (2 of 3) [CW-1749/2017]

Tehsil Bassi, District Jaipur

----Proforma Respondents

For Petitioner(s) : Mr. Sanjay Joshi For Respondent(s) :

HON'BLE MR. JUSTICE GANESH RAM MEENA

Judgment / Order

21/09/2023

1. The petitioner has filed the present writ petition

assailing the order dated 15.11.2016 passed by the Court of Board

of Revenue, Rajasthan, Ajmer, dismissing the revision petition of

the petitioner filed against the order dated 15.12.2015 passed by

the Sub Divisional Officer, Bassi, District Jaipur, whereby the

application filed by applicant Smt. Kalavati for impleadment her as

a defendant was allowed.

2. Counsel appearing for the petitioner submits that the

order of the SDO, Bassi, impleading applicant Smt. Kalavati as a

defendant and the dismissal of the revision petition by the Board

of Revenue affirming the order of the SDO, are contrary to the

basic principles of law in regard to impleadment of applicant Smt.

Kalavati as a party defendant because applicant Smt. Kalavati is

neither a necessary nor an effected party in respect of the suit

proceedings and also it is not the case that if Smt. Kalavati is not

impleaded as a party, there will be no proper adjudication of the

dispute raised before the trial court.

3. Considered the submissions made by the counsel

appearing appearing for the petitioner and also perused the

material available on the record.

[2023:RJ-JP:25953] (3 of 3) [CW-1749/2017]

4. The suit has been filed by the plaintiff/petitioner for

declaration, correction of entries and permanent injunction in

respect of land bearing Khasra Nos. 1887, 1888 and 1665 situated

at Village Bassi, District Jaipur. As per the facts recorded in the

order dated 15.11.2016, the applicant respondent Smt. Kalavati

filed a suit before the SDO, Bassi, in respect of the land in

question in the present matter which was numbered as 173/2005

against Saraswati & Ors. After trial of the suit, same was decreed

vide judgment and decree dated 23.06.2015 and an appeal

against the said judgment and decree is pending before the

Appellate Authority. Since the judgment and decree in a suit filed

by applicant/ respondent in regard to the same land is still in

force, applicant Smt. Kalavati is a necessary and effected party

and also her presence before the Court is required for proper

adjudication of the issue in the present suit. The trial court did not

commit any error in allowing the application filed by applicant

Smt. Kalavati for impleadment her as a party defendant and the

Board of Revenue has also rightly affirmed the order of the SDO.

5. This Court finds no error or illegality in the orders

passed by the SDO and the Board of Revenue. Thus, the writ

petition filed by the petitioner is devoid of any merit and

accordingly stands dismissed.

6. Since the main petition has been dismissed, the stay

application and pending application/s, if any, also stand dismissed.

(GANESH RAM MEENA),J

Sharma NK-Dy. Registrar /45

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