LRS. OF LATE SANWARMAL Vs. SMT. SEETA DEVI

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present writ petition has been filed against the order dtd. 24/10/2024 passed by Additional District Judge No.6, Jodhpur Metropolitan, Jodhpur in Original Civil Suit No.51/2013 (N.C.V. No.14935/2014) titled as "Sita Devi V/s Sanwarmal" whereby the application preferred by late Sanwarmal Sharma for referring the matter to the revenue court on the issues framed on the agricultural land has been dismissed.

(3.) Learned counsel for the petitioners submits that plaintiffs preferred a suit seeking decree of partition, which is pending consideration before the Civil Court. He submits that as per the issues framed by the learned trial court, one of the issues pertains to the partition of the land, which is agriculture in nature. Learned counsel submits that the issue with respect to the partition of agriculture land is required to be sent to the revenue court for its adjudication. To buttress his contention, learned counsel for the petitioners has relied upon the judgment dtd. 16/2/2015 passed by a Coordinate Bench of this Court in S.B.Civil Writ Petition No.2866/2014 (Modu Ram V/s Board of Revenue & Ors.) and judgment dtd. 3/12/2024 passed by a coordinate bench of this court in S.B.Civil First Appeal No.673.2024 ( Sua Lal V/s Kanhi & Ors.) . The learned trial Court has committed an error while rejecting the application preferred by the petitioners. He, therefore, prays that the writ petition filed by the petitioners may be allowed and the order dtd. 24/10/2024 may be quashed and set aside.