Rajasthan High Court - Jodhpur
Sundar Lal vs Raj Kumar Agarwal (2025:Rj-Jd:34364) on 4 August, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:34364]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil First Appeal No. 540/2025
Sundar Lal S/o Shri Kalyanmal, Aged About 67 Years, R/o Shiv
Colony, Makrana, District Nagaur, Rajasthan.
----Appellant
Versus
1. Raj Kumar Agarwal S/o Shri Govind Lal Agarwal, Aged
About 47 Years, R/o Shiv Colony, Makrana, Nagaur,
Rajasthan.
2. Legal Representatives Of Late Shri Atma Ram S/o Shri
Govind Lal Agarwal, R/o Shiv Colony, Makrana, Nagaur,
Rajasthan.
3. Oma Devi W/o Late Shri Atma Ram, R/o Shiv Colony,
Makrana, Nagaur, Rajasthan.
4. Vashnu Kumar S/o Late Shri Atma Ram, R/o Shiv Colony,
Makrana, Nagaur, Rajasthan.
5. Usha Devi D/o Late Shri Atma Ram, R/o Shiv Colony,
Makrana, Nagaur, Rajasthan.
6. Hemlata D/o Late Shri Atma Ram, R/o Shiv Colony,
Makrana, Nagaur, Rajasthan.
7. Mahesh Kumar S/o Late Shri Atma Ram, R/o Shiv Colony,
Makrana, Nagaur, Rajasthan.
8. Suresh Kumar S/o Shri Govind Lal Agarwal, Aged About
51 Years, R/o Shiv Colony, Makrana, Nagaur, Rajasthan.
9. Oma Devi W/o Late Shri Atma Ram, Aged About 59 Years,
R/o Shiv Colony, Makrana, Nagaur, Rajasthan.
10. Rukmini Devi W/o Shri Suresh Kumar, Aged About 49
Years, R/o Shiv Colony, Makrana, Nagaur, Rajasthan.
11. Kanta Devi W/o Shri Raj Kumar, Aged About 44 Years, R/o
Shiv Colony, Makrana, Nagaur, Rajasthan.
12. Vishnu Kumar S/o Late Shri Atma Ram, Aged About 41
Years, R/o Shiv Colony, Makrana, Nagaur, Rajasthan.
13. Mahesh Kumar S/o Late Shri Atma Ram, Aged About 37
Years, R/o Shiv Colony, Makrana, Nagaur, Rajasthan.
14. Urmila Devi W/o Shri Vishnu Kumar, Aged About 34
Years, R/o Shiv Colony, Makrana, Nagaur, Rajasthan.
15. Aruna W/o Shri Mahesh Kumar, Aged About 33 Years, R/o
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[2025:RJ-JD:34364] (2 of 3) [CFA-540/2025]
Shiv Colony, Makrana, Nagaur, Rajasthan.
16. Rohit S/o Shri Suresh Kumar, Aged About 25 Years, R/o
Shiv Colony, Makrana, Nagaur, Rajasthan.
----Respondents
For Appellant(s) : Mr. Vishwas Khatri, with
Mr. Shumbham Maheshwari
For Respondent(s) : -
HON'BLE MR. JUSTICE FARJAND ALI
Order
04/08/2025
1. An application has been preferred on behalf of the appellant
under Section 151 of the Code of Civil Procedure, 1908 seeking
conversion of the instant appeal into a Civil Revision Petition.
2. Learned counsel for the appellant-applicant submits that due
to inadvertence the instant appeal has been preferred giving
challenge to a judgment and decree passed in a suit filed by the
plaintiff under Section 6 of the Specific Relief Act, 1963, however,
as per Section 6(3) of the Specific Relief Act, 1963, such judgment
is assailable by filing a revision petition only. Learned counsel
prays that in the facts and circumstances of the case, this court
may dispose of the instant appeal with liberty to the appellant to
prefer a civil revision petition. He also prayed that appropriate
order may be passed regarding refund of the court fee paid
alongwith the appeal.
3. I have heard learned counsel and feel that the applicant
should not be left remediless. Accordingly, the instant appeal is
[2025:RJ-JD:34364] (3 of 3) [CFA-540/2025]
disposed of. Liberty is given to the learned counsel for the
appellant to move a civil revision petition against the impugned
judgment. In the interest of justice, it is felt appropriate to direct
that the certified copies attached with the instant appeal shall be
returned back to the learned counsel Mr. Vishwas Khatri upon
placing on record photostat copies of the same. The court fees
paid alongwith the appeal shall be refunded back to learned
counsel Mr. Vishwas Khatri. The delay as would be occasioned in
filing of the revision petition shall be considered sympathetically
owing to the reason that due to inadvertence, a wrong forum had
been approached. The application seeking conversion of the
appeal into revision and any other pending application are
disposed of.
(FARJAND ALI),J
157-Pramod/-
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