RAMSWAROOP & ANR. Vs. SMT. KESAR & ORS.

JUDGEMENT

(1.) This revision petition has been preferred against the order dated 15.05.2014 passed by the learned 8th Additional District Judge, Jaipur Metropolitan in Civil Suit No. 22/2014 (213/2014) whereby the application filed by the petitioners under Order 7, Rule 11 and Section 10 CPC has been dismissed.

(2.) The brief facts for disposal of the present revision petition are that the respondent No.1 filed a revenue suit being Suit No. 133/2012 in the court of SDO, Jaipur-I alleging that she was having khatedari rights over the land situated in Khasra Nos. 1839 and 1843 and the same was wrongly mutated in the name of the defendants Nos. 1 to 3 of that suit. It was also alleged that the above said defendants executed a registered sale-deed of part of the land in question in favour of the defendants Nos. 4 and 5 of the suit on the basis of the relinquishment deed. Thus, a decree of declaration about her khatedari rights was sought and also sought for declaring the sale-deed and relinquishment deed as illegal and permanent injunction was also sought. During the pendancy of the said suit, the respondent No. 1-plaintiff filed a civil suit being Suit No. 213/2014 seeking cancellation of the sale-deed and relinquishment deed and also the permanent injunction with regard to the same agricultural land. During the pendency of this Civil suit, the petitioners moved an application under Order 7, Rule 11 read with Section 10 CPC and the defendants Nos. 1 to 7 also filed an application under Order 7, Rule 11 is CPC. The learned trial court, after hearing the parties, dismissed the applications vide the impugned order. It is against this order, the petitioners have preferred this revision petition.

(3.) Heard learned counsel for the parties and perused the impugned order.