SATYENDRA PRAKASH Vs. MAHENDRA PRAKASH

JUDGEMENT

(1.) This instant writ petition has been filed by the petitioner under Article 227 of Constitution of India, challenging the order dtd. 7/2/2020, passed by the Board of Revenue, Ajmer in Second Appeal No.6040/2019 and order dtd. 16/9/2019, passed by the Revenue Appellate Authority, Jaipur in First appeal No.114/2016 and judgment dtd. 7/1/2015, passed by the Court of Sub-Divisional Officer, Jaipur-I, Jaipur (in short 'SDO') in Revenue Suit No.135/2004.

(2.) Mr. Satyendra Prakash, petitioner present in person, submits that the learned Courts below have not considered and appreciated the facts on record in proper manner. He further submits that the learned trial Court has passed the judgment and decree during the pendency of an interim order staying the proceedings before the trial Court by the Board of Revenue, Ajmer.

(3.) Facts on record are that a suit for declaration, partition and permanent injunction was filed by the respondent-party before the Court of SDO, Jaipur-I, Jaipur stating therein that both the parties are of the same family and have equal share in the land in question. The SDO Jaipur-I, Jaipur after framing the issues on the basis of the pleadings of the parties and recording oral evidence as well as the documentary evidence, decreed the suit vide judgment dtd. 7/1/2015 and declared the plaintiff No.2 to 4 as khatedar of half share of land bearing Khasra No.23/2 Rakba 26 Bigha 3 Biswa at Village Begas, Tehsil and District Jaipur.