Rajasthan High Court - Jodhpur
Kulwant Kaur vs Jaspal Singh Alias Pal Singh ... on 8 August, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:35530]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14041/2025
Kulwant Kaur W/o Jagga Singh @ Chhaga Singh, Aged About 64
Years, R/o 1 B.d. Tehsil Gharsana, District Shri Ganganagar,
Rajasthan.
----Petitioner
Versus
1. Jaspal Singh Alias Pal Singh S/o So Called Son Of Jagga
Singh @ Chagga Singh, R/o Chak 24 B.b., Tehsil
Padampur, District Shri Ganganagar, Rajasthan. Pin Code
335041
2. Angrez Singh @ Gej Kaur W/o So Called Wife Of Jagga
Singh @ Chagga Singh, R/o Chak 24 B.b., Tehsil
Padampur, District Shri Ganganagar, Rajasthan. Pin Code
335041
3. Amrik Singh S/o Jagga Singh @ Chagga Singh, R/o 1 B.d.
Tehsil Gharsana, District Shri Ganganagar, Rajasthan. Pin
Code 335707.
4. State Of Rajasthan, Through Tehsildar (Revenue)
Gharsana, District Shri Ganganagar, Rajasthan. Pin Code
335707.
----Respondents
For Petitioner(s) : Mr. Rakesh Kumar Chotia
For Respondent(s) : -
HON'BLE MR. JUSTICE KULDEEP MATHUR
ORDER
08/08/2025
By way of filing the instant writ petition under Article 226 of
the Constitution of India, the petitioner has prayed for the
following relief:
"It is, therefore, most respectfully prayed on behalf of
the petitioner that the writ petition may kindly be allowed
and by an appropriate writ, order or direction:-
[2025:RJ-JD:35530] (2 of 4) [CW-14041/2025]
I. The impugned orders dated 12.06.2025 (Annexure-9)
passed by the learned Board of Revenue in Revision/
TA/8372/2011/Sriganganagar & the order date
09.05.2011 (Annexure-7) passed by the learned
Revenue Appellate Authority, Shri Ganganagar in
Appeal No.40/11 may kindly be quashed and set aside
and the appeal (Annexure-6) so preferred by the
respondent nos.1 and 2 before the learned Revenue
Appellate Authority, Shri Ganganagar may kindly be
rejected in toto.
II. Any other appropriate order or direction, which this
Hon'ble Court considers just and proper in the facts
and circumstances of this case, may kindly be passed
in favour of the petitioners.
III. Costs of the writ petition may kindly be awarded to
the petitioners."
Upon perusal of the case file, this Court finds that the case of
the petitioner is that one Jagga Singh (husband of the present
petitioner) was khatedar of the disputed land. The respondents
No.1 and 2 in the year 2010 filed a revenue suit No.74/2010 by
impleading him as a party respondent regarding declaration and
permanent injunction over a disputed piece of land before learned
Sub Divisional Officer, Gharsana. The suit filed by the respondents
No.1 and 2 came to be dismissed as not pressed in the year 2011
and a compromise decree was passed in favour of the petitioner.
The grievance of the petitioner is that after withdrawal of the
suit No.74/2010, the respondents No.1 and 2 have preferred an
appeal before learned Revenue Appellate Authority challenging the
compromise decree dated 4.5.2011. The learned Revenue
Appellate Authority on 9.5.2011 passed an ex-parte interim order
directing the parties to maintain status quo regarding the title and
possession over the property in question. The petitioner appeared
before the Revenue Appellate Authority and requested for vacation
of interim order but of no avail. The petitioner thereupon
[2025:RJ-JD:35530] (3 of 4) [CW-14041/2025]
approached learned Board of Revenue by filing a revision stating
inter-alia that the appeal before learned Revenue Appellate
Authority filed by the respondents No.1 and 2 against the
compromise decree, is not maintainable and therefore, the appeal
pending before Revenue Appellate Authority as well as the ex-
parte interim order passed in their favour may be rejected. The
Board of Revenue by the impugned order dated 12.6.2025 has
dismissed the revision filed by the petitioner on the ground that a
revision against the interim order is not maintainable before it.
Heard learned counsel for the petitioner. Perused the
material available on record.
Learned counsel for the petitioner vehemently contended
that the learned Revenue Appellate Authority as well as Board of
Revenue have failed to consider that the provisions provided in
Order 23 Rule 1(4)(b) CPC are fully applicable in the present case,
which provide that where a plaintiff withdraws his suit or a part of
claim without permission to sue afresh, he shall be precluded from
instituting any fresh suit in respect of such subject matter or such
part of claim. Learned counsel submitted that the appeal filed by
the respondents No.1 and 2 before learned Revenue Appellate
Authority is not at all maintainable and therefore, the same ought
not to have been entertained by the learned Revenue Appellate
Authority.
In the opinion of this Court, since the appeal filed by the
respondents No.1 and 2 before the learned Revenue Appellate
Authority against the judgment and decree dated 4.5.2011 is
pending adjudication before learned Revenue Appellate Authority,
[2025:RJ-JD:35530] (4 of 4) [CW-14041/2025]
it would be just and appropriate if the instant writ petition is
disposed of with a direction to the learned Revenue Appellate
Authority to consider and decide the objection with regard to the
maintainability of the appeal filed before it by the respondents
No.1 and 2 against the judgment and decree dated 4.5.2011.
consequently, the instant writ petition is disposed of with the
directions to the petitioner to file an appropriate application before
the learned Revenue Appellate Authority seeking vacation of the
interim order within a period of 15 days from today. In the
application so filed on behalf of the petitioner, he may take an
objection with regard to maintainability of the appeal. It is
expected from the learned Revenue Appellate Authority that if a
specific objection is raised before it with regard to maintainability
of the appeal, the same shall be considered and decided strictly in
accordance with law preferably within a period of six months from
the date of filing of the application by the petitioner.
All pending applications, if any, also stand disposed of.
(KULDEEP MATHUR),J
28-TarunGoyal/-
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