MUKHRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) In this case, by way of filing reply, the State as well as the applicants have pointed out that with regard to the land in dispute, a civil suit was filed by the persons concerned of the area before the Civil Judge (JD), Nohar along with application for temporary injunction. The application for temporary injunction was dismissed. Against which, one of the brother of petitioner has filed an appeal, that too was dismissed by Addl. District Judge, Nohar. After dismissal of the said appeal preferred by one of the brother of the present petitioner, now this writ petition has been filed by the petitioner, who is co-sharer of the property, which is evident from Annexure-1 Jamabandi placed on record by the petitioner himself in which names of Mani Ram, Hari Ram, Ram Kumar, Mukh Ram (petitioner) and Shravan have been shown as co-sharer of the property in question.

(3.) In these circumstances, when brother of the petitioner who is co-sharer of the property is party in the civil proceeding before trial Court and the same dispute raised by the petitioner is still pending before the civil court for final adjudication, then this writ petition is not maintainable.