RAMPAL Vs. SUB DIVISIONAL OFFICER, SUJANGARH & ORS.

JUDGEMENT

(1.) This petition is directed against order dated 6.9.2003 passed by the Additional District Judge, Ratangarh, in Civil Suit No. 16/2003. rejecting an application preferred by the petitioner under Sec. 10. C.P.C., seeking stay of the proceedings in the suit.

(2.) The relevant facts are that the plaintiff, second respondent herein, preferred a suit against the petitioner and third and fourth respondent herein, before the Revenue Court, claiming declaration of khatedari rights, permanent injunction and correction of revenue record in respect of the land measuring 10 bigha 5 biswa, comprising Khasra No. 24, situated in Village-Rohi Khariya.

(3.) During the pendency of the revenue suit, the petitioner preferred a civil suit before the Additional District Judge, Ratangarh, seeking declaration of khatedari rights over the land in question as also for declaring the sale deed dated 18.6.2001, executed by third and fourth respondent herein, in favour of the petitioner. That apart, the permanent injunction was also sought in terms that the defendants may not interfere with cultivatory possession of the plaintiff, the second respondent, over the disputed land.