SURGI Vs. DILAWAR

JUDGEMENT

(1.) These petitions are filed aggrieved of orders passed by the Board of Revenue, Ajmer (for short 'the Board') accepting the appeal of respondents-plaintiffs setting aside the order passed under Order 7 Rule 11 CPC.

(2.) The brief facts are that the respondents-plaintiffs filed a suit for declaration, partition and permanent injunction with regard to the property described in the suit. During the pendency of the suit the petitioner-defendant No.1 filed an application under Order 7 Rule 11 CPC which was dismissed vide order dtd. 11/9/2018. The second application under Order 7 Rule 11 CPC was filed inter alia on the ground that the plaintiffs being children of the daughter had no share in the agricultural land as the parties are governed by Mohammedan law. Vide order dtd. 24/12/2018 the application was accepted and the plaint was rejected. The appeals filed before Appellate Authority were dismissed on 30/8/2019. During the pendency of the appeal the petitioner got the land converted for industrial use. The grievance against the conversion order passed during the pendency of the appeal was subject matter of SBCWP No. 17960/2019.

(3.) The writ petition was disposed of directing the Board to decide the appeal expeditiously and in the meantime Smt. Surgi (petitioner in this case) was directed not to alienate the property till the disposal of the appeal. It was further observed that the order of the conversion would be dependent upon the rights of the parties created by decision of the appeal by the Board. The plaintiffs-respondents succeeded in second appeal. The order of the SDO Court rejecting the plaint on an application under Order 7 Rule 11 was set aside.