LAWS(RAJ)-2025-12-25

KISHORE SINGH Vs. CHHANWAR LAL KACHHWAH

Decided On December 06, 2025
KISHORE SINGH Appellant
V/S
Chhanwar Lal Kachhwah Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioners.

(2.) Briefly noted facts of the present writ petition are that the petitioners have filed a suit for partition and injunction under Sec. 53, 181 of Rajasthan Tenancy Act, 1955 along with an application under Sec. 212 Rajasthan Tenancy Act against the respondents with respect to agricultural land is situated at village Baga, Tehsil Jodhpur measuring 76 bigha 8 biswa.

(3.) Learned counsel for the petitioners submits that the learned Revenue Appellate Authority, Jodhpur committed an error in granting interim order in favour of the respondent No.1 holding that the respondent is a bonafide purchaser and thus he may be permitted to raise construction on the land in question while ignoring the fact that the suit was filed for partition and injunction under Sec. 53, 181 of Rajasthan Tenancy Act, 1955. He submits that the petitioners being aggrieved of the order dtd. 17/10/2025 passed by Revenue Appellate Authority, Jodhpur preferred revision before the Board of Revenue, which came to be dismissed vide order dtd. 7/11/2025 on the ground that the revision is not maintainable against the interim order granted by Revenue Appellate Authority. Counsel further submits that the Board of Revenue has also committed an error by rejecting the revision filed by the petitioners as the impugned order ought to be treated as a final order against which the revision was filed.