[Cites 1, Cited by 0]
Rajasthan High Court - Jodhpur
Kalaram vs Ramesh Kumar (2026:Rj-Jd:17672) on 16 April, 2026
Author: Sudesh Bansal
Bench: Sudesh Bansal
[2026:RJ-JD:17672]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 16254/2024
1. Kalaram S/o Late Shri Reva, Aged About 65 Years,
Resident Of Raniwada, Tehsil Raniwada Dist. Sanchore
(Raj.).
2. Tagaram S/o Late Shri Reva, Aged About 50 Years,
Resident Of Raniwada, Tehsil Raniwada Dist. Sanchore
(Raj.).
----Petitioners
Versus
1. Ramesh Kumar S/o Shri Bhallaram, Resident Of
Raniwada, Tehsil Raniwada Dist. Sanchore (Raj.).
2. Talsi Devi D/o Ramaji, Resident Of Raniwada, Tehsil
Raniwada Dist. Sanchore (Raj.).
3. Bheraram (Dead), Through Lrs -
3/1 Loveji S/o Bheraram, Resident Of Raniwada, Tehsil
Raniwada Dist. Sanchore (Raj.).
3/2 Masra S/o Bheraram, Resident Of Raniwada, Tehsil
Raniwada Dist. Sanchore (Raj.).
3/3 Daee D/o Bheraram, Resident Of Raniwada, Tehsil
Raniwada Dist. Sanchore (Raj.).
3/4 Gairi D/o Bheraram, Resident Of Raniwada, Tehsil
Raniwada Dist. Sanchore (Raj.).
4. Iraram S/o Jagtaji, Resident Of Raniwada, Tehsil
Raniwada Dist. Sanchore (Raj.).
5. Rudaram S/o Jagtaji (Dead), Through Lrs -
5/1 Shantadev W/o Rudaram, Resident Of Raniwada, Tehsil
Raniwada Dist. Sanchore (Raj.).
5/2 Mahadevaram S/o Rudaram, Resident Of Raniwada, Tehsil
Raniwada Dist. Sanchore (Raj.).
5/3 Lachharam S/o Rudaram, Resident Of Raniwada, Tehsil
Raniwada Dist. Sanchore (Raj.).
5/4 Narpatkuram S/o Rudaram, Resident Of Raniwada, Tehsil
Raniwada Dist. Sanchore (Raj.).
5/5 Pavidevi D/o Rudaram, Resident Of Raniwada, Tehsil
Raniwada Dist. Sanchore (Raj.).
5/6 Hina D/o Rudaram, Resident Of Raniwada, Tehsil
Raniwada Dist. Sanchore (Raj.).
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5/7 Suki D/o Rudaram, Resident Of Raniwada, Tehsil
Raniwada Dist. Sanchore (Raj.).
6. Gemaram S/o Jagataji, Resident Of Raniwada, Tehsil
Raniwada Dist. Sanchore (Raj.).
7. Narkaram S/o Jagtaji, Resident Of Raniwada, Tehsil
Raniwada Dist. Sanchore (Raj.).
8. Ugaram S/o Jagtaji, Resident Of Raniwada, Tehsil
Raniwada Dist. Sanchore (Raj.).
9. Jeraram S/o Ramaji, Resident Of Raniwada, Tehsil
Raniwada Dist. Sanchore (Raj.).
10. Alpesh S/o Ramesh, Resident Of Raniwada, Tehsil
Raniwada Dist. Sanchore (Raj.).
11. Nayana D/o Ramesh, Resident Of Raniwada, Tehsil
Raniwada Dist. Sanchore (Raj.).
12. Revi W/o Ramesh, Resident Of Raniwada, Tehsil Raniwada
Dist. Sanchore (Raj.).
13. Shanti Ben D/o Ramaji, Resident Of Raniwada, Tehsil
Raniwada Dist. Sanchore (Raj.).
14. Sub Registrar, Raniwada, Tehsil Raniwada Dist. Sanchore
(Raj.).
15. Tehsildar, Tehsil Raniwada Dist. Sanchore (Raj.).
16. Patwari, Halka Raniwada, Tehsil Raniwada Dist. Sanchore
(Raj.).
17. The Cooperative Society Land Development Bank, Branch
Raniwada, Tehsil Raniwada Dist. Sanchore (Raj.), Through
Its Branch Manager.
18. Sub Divisional Officer, Raniwada, Tehsil Raniwada Dist.
Sanchore (Raj.).
19. Revenue Appellate Authority, Pali, Camp Jalore, (Raj.).
20. The State Of Rajasthan, Through The Secretary,
Department Of Revenue Govt. Of Rajasthan, Secretariat,
Jaipur (Raj.).
21. Sita D/o Late Shri Revaram, Resident Of Raniwada, Tehsil
Raniwada Dist. Sanchore (Raj.).
22. Mani D/o Late Shri Revaram, Resident Of Raniwada, Tehsil
Raniwada Dist. Sanchore (Raj.).
----Respondents
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For Petitioner(s) : Mr. Bhanwar Singh Deora
For Respondent(s) : Mr. Ripudaman Singh
Mr. Madhav Vyas
Mr. Aju V. Josh
Mr. Insaf Siddique
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
16/04/2026
1. Instant writ petition arises against the order dated
23.08.2024 passed by the Revenue Appellate Authority, District-
Pali (for short, "RAA") in Appeal No.58/2023 titled as 'Tagaram
Vs. Talsi Devi', whereby and whereunder stay order dated
10.10.2023 has been set aside qua one of respondents viz.
Mr. Ramesh Kumar S/o Shri Bhallaram (respondent No.1 herein) in
respect of his purchased land of Khasra Nos.3083/1856 &
3086/1857 measuring 0.4640 Hectare at Tehsil Raniwara, District
Jalore (now District Sanchore).
2. It is not in dispute that Appeal No.58/2023 before the RAA
has been filed by the present petitioners assailing the preliminary
decree of partition dated 01.04.2021 and final decree of partition
dated 18.01.2023 passed in Revenue Suit No.6/2011 titled as
'Talsi Vs. Bhallaram & Ors.' by the Court of Assistant Collector,
Raniwara, District Jalore (now District Sanchore). Petitioners
happens to be the natural heirs of deceased-Reva, who was party
defendant No.7 in the revenue suit and passed away on
15.02.2022, after passing of the preliminary decree of partition
dated 01.04.2021, but prior to passing of the final decree of
partition dated 18.01.2023. The case of petitioners in appeal
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before RAA is that they were not impleaded as LRs of deceased-
defendant No.7-Reva and final decree was passed. In this appeal,
RAA vide order dated 10.10.2023 stayed the execution and
operation of the judgment and final decree of partition dated
18.01.2023.
3. It is further undisputed that after the final decree dated
18.01.2023, respondent No.1 herein, i.e., Mr. Ramesh Kumar
purchased the land of Khasra Nos. 3083/1856 & 3086/1857
through registered sale deed dated 12.05.2023 and being
subsequent purchaser and interested party in the subject matter
of appeal, was allowed to be impleaded as respondent No.17 in
the appeal before RAA vide order dated 14.08.2024, but
thereafter vide impugned order dated 23.08.2024, the stay order
dated 10.10.2023 has been vacated qua the subsequent
purchaser viz. Mr. Ramesh Kumar to the extent of his purchased
land, which has been questioned in this writ petition.
4. A perusal of impugned order dated 23.08.2024, apparently
shows that RAA has not assigned any reasons whatsoever may be
to set aside the stay order dated 10.10.2023 qua the subsequent
purchaser Mr. Ramesh Kumar.
5. It is to be noted that an objection has been raised by counsel
for respondents that against the impugned order dated
23.08.2024, petitioners could have availed the remedy of Revision
Petition under Section 230 of Rajasthan Tenancy Act, 1955, before
the Board of Revenue, yet they invoked the writ jurisdiction of this
High Court, however, during course of arguments, instead of
pressing this objection and in the light of observation that the
impugned order dated 23.08.2024 is non-speaking and
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unreasoned, counsel for respondents, does not dispute that same
may be quashed with liberty to move an appropriate application to
vacate/modify the ex-parte stay order dated 10.10.2023 at least
qua the subsequent purchaser Mr. Ramesh Kumar and an
opportunity of hearing be extended to him as well on the stay
application.
6. Counsel for petitioners does not have any objection to
reconsider the issue of vacation/modification of the stay order
dated 10.10.2023 qua the subsequent purchaser Mr. Ramesh
Kumar after extending opportunity of hearing to him.
7. In view of above consensus by the counsel appearing for the
respective parties, the impugned order dated 23.08.2024 is
hereby quashed. This Court has not quashed the order on merits
but only on the consensus of respective parties, therefore, it is
open for the subsequent purchaser Mr. Ramesh Kumar to move an
application for vacation/modification of the stay order dated
10.10.2023 in the pending appeal before the RAA.
8. In case, any such application is filed before the RAA, same
shall be considered and decided on merits within a period of three
months from the date of filing, without being influenced by
quashing of the order dated 23.08.2024 in this writ petition.
9. With the aforesaid observation/liberty, the instant writ
petition stands disposed of.
10. All pending application(s), if any, stand(s) disposed of.
(SUDESH BANSAL),J
RONAK JAIMAN/166
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