FAROOQ SHAH Vs. MANGILAL AND ORS.

JUDGEMENT

(1.) This appeal is directed against the order dated 28.4.2016 passed by the Additional District Judge No. 2, Bhilwara, whereby, the application filed by the respondents under Order 7, Rule 11 C.P.C. though has been rejected, the Trial Court has directed return of plaint under Order 7, Rule 10 C.P.C.

(2.) The appellant filed a suit for cancellation of sale deed, declaration of the same as null and void, for possession and declaration as Khatedar qua the land comprised in old Khata No. 226 (New Khata No. 773) Khasra No. 4063 ad measuring 25.19 Bigha. The appellant prayed for the following reliefs:-

(3.) The defendants filed an application under Order 7, Rule 11 C.P.C. inter alia indicating that qua the said land, already a suit was filed by the plaintiff which is pending before the Sub Divisional Officer, Kotri, being case No. 33/2013, and wherein an application for temporary injunction was also filed, and in the said suit declaration of Khatedari rights has been sought and till such time such a declaration is given by the Revenue Court, the present suit was not maintainable and, therefore, the same deserves to be rejected.