Lrs Of Mangilal vs Nagar Vikas Pranyas ...
2025 Latest Caselaw 15534 Raj

Rajasthan High Court - Jodhpur

Lrs Of Mangilal vs Nagar Vikas Pranyas ... on 17 November, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:49454]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                     S.B. Civil First Appeal No. 395/2025

1.       LRs Of Mangilal, S/o Late Shri Kishanlal Regar (Dead)
         Through His Legal Hairs. R/o 81, Azad Nagar, Roop Nagar,
         Bhuwana, Tehsil Badgaon, District Udaipur.
1/2.     Smt. Fuli Bai W/o Late Shri Mangilal Regar, Aged About
         60 Years, R/o 81, Azad Nagar, Roop Nagar, Bhuwana,
         Tehsil Badgaon, District Udaipur.
1/3.     Ramchandra S/o Late Shri Mangilal Regar, Aged About 37
         Years, R/o 81, Azad Nagar, Roop Nagar, Bhuwana, Tehsil
         Badgaon, District Udaipur.
                                                                       ----Appellants
                                        Versus
1.       Nagar Vikas Pranyas, Through Its Secretary, Nagar Vikas
         Pranyas, Udaipur.
2.       Tehsildar, Nagar Vikas Pranyas, Udaipur.
                                                                     ----Respondents


For Appellant(s)              :     Mr. Dinesh Chandra Mali
For Respondent(s)             :     Mr. Vijay Purohit
                                    Mr. Hanuman Singh Gour


            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

17/11/2025

1. By way of the present first appeal, the appellants- plaintiffs

have challenged the judgment and decree dated 08.01.2025

passed by the learned Additional District Judge No.2, Udaipur in

Civil Original Suit No.20/2014 (CIS No.18/2015), whereby the suit

filed by the appellants-plaintiffs for permanent and mandatory

injunction has been rejected.

2. Upon perusal of the impugned judgment and decree dated

08.01.2025, this Court finds that the suit filed by the appellants-

plaintiffs has been rejected on the ground that the suit property is

(Uploaded on 17/11/2025 at 04:55:37 PM)

[2025:RJ-JD:49454] (2 of 2) [CFA-395/2025]

agricultural land and, in view of Section 207 of the Rajasthan

Tenancy Act, exclusive jurisdiction to try and decide disputes

relating to agricultural land vests in the revenue courts;

consequently, the civil court lacked jurisdiction.

3. After arguing the matter for some time, learned counsel for

the appellants-plaintiffs submitted that since the suit has not been

rejected on merits but has been rejected being barred by law for

want of jurisdiction, the appellants-plaintiffs may be permitted to

withdraw the present civil first appeal with liberty to approach the

competent revenue court for redressal of their grievances.

4. Learned counsel for the respondents submitted that he has

no objection if the appellants-plaintiffs are permitted to withdraw

the present first appeal with liberty as prayed for.

5. Heard.

6. Since the suit has not been adjudicated on merits but has

been rejected on the ground of lack of jurisdiction, which is a

procedural bar, this Court considers it just and proper to permit

the appellants-plaintiffs to withdraw the present appeal with

liberty to approach the competent revenue court for redressal of

their grievances. In case the appellants-plaintiffs approach the

competent revenue court, their claim shall be examined and

decided on its own merits, as filing of a revenue suit is not barred

where the civil court has rejected the suit being barred by law.

7. With the aforesaid liberty, the present first appeal is

dismissed as withdrawn.

(KULDEEP MATHUR),J 37-divya/-

(Uploaded on 17/11/2025 at 04:55:37 PM)

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