RAJNARAYAN Vs. KAMLA DEVI

JUDGEMENT

(1.) The present civil revision petition has been filed by the petitioner under Sec. 115 read with Sec. 151 of the Code of Civil Procedure, 1908, assailing the impugned order dtd. 3/1/2026 passed by Additional Civil Judge No. 18, Jaipur Metropolitan-I (Headquarter Sanganer) in Civil Suit No. 512/2025 titled as 'Kamla Devi and Ors. vs. Rajnarayan and Ors.', whereby the application filed by the petitioner under Order 7 Rule 11 read with Sec. 151 of the Code of Civil Procedure, 1908 ('CPC'), has been rejected.

(2.) Brief facts giving rise to the present civil revision petition are that the respondent No. 1 filed a suit for mandatory and permanent injunction, pleading that Sh. Dulichand (father-in-law of respondent No. 1 and paternal grandfather of respondent Nos. 2 to 4) obtained a Patta dtd. 9/5/1965 from the Gram Panchayat, Goner, for land situated at 52, Dukaano Ke Peeche, Dus Ki Dhaani, Village Goner, Tehsil Sanganer, measuring 44 x 39 feet (totaling 191 square yards).

(3.) It was stated in the plaint that after the death of Sh. Dhulichand, the rightful owners of the disputed plot of land, were the sons, i.e., Jagdish and Prahlad, who, being first-class heirs, were vested with equal 1/2 shares in the disputed plot. Thereafter, the two sons, i.e., Jagdish and Prahlad, divided the disputed plot into two halves and enjoyed peaceful possession thereof.