CHAYENA BANO Vs. IDU SHAH

JUDGEMENT

(1.) By means of filing instant writ petition under Article 226 of the Constitution of India, petitioners have challenged the order dtd. 21/8/2023 passed by the Sub Divisional Officer, Sardar Shahar, allowing application under Order 7 Rule 11 along with Sec. 151 CPC filed by respondent No.21- Ganesh Kumar Chaudhary, and rejecting the Revenue Suit No.46/2022 of petitioners.

(2.) When the matter came up on board on 9/10/2023, the Coordinate Bench of this Court, while issuing notices to respondents, passed an ad interim stay order to the effect that no third party rights shall be created by any of the parties in the suit properties.

(3.) On behalf of respondent No. 21, counsel has put in appearance and raised a preliminary objection that petitioners have a statutory remedy of appeal against the impugned order before the Revenue Appellate Authority under Sec. 223 of the Rajasthan Tenancy Act, and therefore, the invocation of writ jurisdiction to challenge the impugned order is improper.