[2025:RJ-JP:21967] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Revision Petition No. 133/2025 Smt Kanta Devi D/o Shri Manishankar W/o Late Shri Purushottam Lal Ji Shukla, R/o Suryanarayan Ka Mandir, Indra Market, Kota, Raj.(Since Deceased Through His Legal Heirs). 1/1. Buddhi Prakash Shukla S/o Late Shri Purushootam Lal Shukla, R/o 1-H-31, Mahaveer Nagar-Iii, Kota (Rajasthan). 1/2. Ashok Kumar Shukla S/o Late Shri Purushottam Lal Shukla, 1/3. Ayush Shukla S/o Late Shri Sanjay Shukla, Both R/o Suryanarayan Ka Mandir, Indra Market, Kota, Raj. ----Defendant/Petitioners Versus 1. Shri Pradeep Kumar 2. Shri Praveen Kumar 3. Shri Pramod Kumar All S/o Shri Ratan Shankar Vyas, R/o Bheru Darwaja, Balchand Pada, Bundi, Raj. 4. Smt. Archna D/o Shri Ratan Shankar Vyas, W/o Shri Dinesh Kumar Shukla, R/o Sinchai Vibhag Ke Samne, Shahpura, District Bhilwara, Raj. ----Plaintiffs/Respondents 5. M/s Krishna Associate, Bundi, Raj. Through Partner- 5/1. Shri Lalit Jain S/o Shri Mathuralal R/o Devpura, Budni, Raj. 5/2. Shri Navneet Kumar S/o Shri Babulal R/o Mallashah Ka Mandir, Bundi, Raj. 6. Sub Registrar, Bundi, Raj. 7. Tehsildar, Bundi, Raj. 8. Smt. Manju D/o Shri Purushottam Lal Ji Shukla, W/o Ramkishore Vyas, R/o Maliyo Ka Mohalla, Todaraisingh, District Tonk (One Of The Legal Heir Of Defendant No. 1 Smt. Kanta Devi). ----Defendants/ Proforma Respondents [2025:RJ-JP:21967] (2 of 3) [CR-133/2025] For Petitioner(s) : Mr. Amit Jindal For Respondent(s) : HON'BLE MR. JUSTICE MANEESH SHARMA Order 26/05/2025 1. The present revision petition has been filed by the defendant-petitioner against the order dated 21.12.2024 passed by Additional District Judge No. 2, Bundi, in Civil Suit No. 15/2016 whereby the application filed under Order 7 Rule 11 CPC by the defendant-petitioner, has been rejected. 2. The facts, in brief, are that the plaintiffs have filed a suit for cancellation of the sale deed dated 15.09.2015, executed by the defendant No.1 in favour of defendant No.2, 2/1 and 2/2. 3. That the application filed by defendant-petitioner under order 7 Rule 11 CPC was rejected by the learned trial Court vide impugned order dated 21.12.2024 and while dismissing the said application, the learned trial Court has observed that the question so raised by the petitioner herein is a mixed question of facts and law and same can be tried as a preliminary issue. 4. Learned counsel for the petitioner, after arguing the revision petition for some time, wants to withdraw this revision petition with the liberty that the question "whether suit is barred by law" be tried as preliminary issue. 5. Having considered the submissions so made, the present revision petition is dismissed as withdrawn with the aforesaid liberty as prayed for. [2025:RJ-JP:21967] (3 of 3) [CR-133/2025] 6. The trial Court is directed to consider the issue "whether suit is barred by law" as a preliminary issue. 7. With this observation, the instant revision petition stands disposed of. 8. Any other pending application(s), if any, stand disposed of. (MANEESH SHARMA),J SOURAV /14