[2025:RJ-JP:30962] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Revision Petition No. 121/2024 Omprakash S/o Shri Harchandi, Aged About 48 Years, R/o Village Niwadi, Tehsil Shahabad, District Baran, Rajasthan ----Petitioner-Defendant Versus 1. Murari S/o Shri Komal Prasad, Aged About 54 Years, R/o Kiraad Pahadi, Tehsil Shahabad, District Baran, Rajasthan 2. Shrikishan S/o Shri Komal Prasad, Aged About 39 Years, R/o Kiraad Pahadi, Tehsil Shahabad, District Baran, Rajasthan 3. Gulabi Bai D/o Shri Komal Prasad, Aged About 61 Years, R/o Kiraad Pahadi, Tehsil Shahabad, District Baran, Rajasthan 4. Kasumal Bai D/o Shri Komal Prasad, Aged About 57 Years, R/o Kiraad Pahadi, Tehsil Shahabad, District Baran, Rajasthan Respondents/Plaintiffs 5. Baroda Rajasthan Regional Rural Bank, Branch Samraaniyan, Tehsil Shahbad, District Baran, Rajasthan Through Branch Manager, Baroda Rajasthan Regional Rural Bank, Branch Samraaniyan ----Respondent/Defendant For Petitioner(s) : Mr. Vaibhav Pancholi, Adv. For Respondent(s) : Mr. Dhanna Ram, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Judgment Date of Judgment 13/08/2025 The present revision petition has been filed by the petitioner- defendant (for short ‘the defendant’) under Section 115 CPC against the order dated 04.12.2023 passed by the Senior Civil Judge, Shahabad, District Baran (for short ‘the trial court’) in Civil [2025:RJ-JP:30962] (2 of 4) [CR-121/2024] Suit No.04/2020, whereby the trial court dismissed the application filed by the defendant under Order 7 Rule 11 CPC. Learned counsel for the defendant submits that the respondent-plaintiff Nos.1 to 4 (for short ‘the plaintiffs’) filed a suit for declaring the alleged will of Kungarbai dated 12.04.2019 which was registered on 09.10.2019 and mortgage made in favour of the defendant as null and void. Learned counsel for the defendant also submits that the defendant filed an application under Order 7 Rule 11 CPC but the trial court vide order dated 04.12.2023 dismissed the application filed by the defendant. Learned counsel for the defendant also submits that the trial court committed an error in dismissing application filed by the defendant as the disputed land was entered in the name of the defendant on account of execution of the said will. Without declaring the khatedari rights, the plaintiffs had no right to file the present suit. The plaintiffs have also filed a suit before the revenue court for declaring the khatedari rights. So, the petition filed by the defendant be allowed, order dated 04.12.2023 passed by the trial court be set-aside and the suit filed by the plaintiffs be dismissed. Learned counsel for the defendant has placed reliance on the following judgments:- (1) Vijay Singh & Anr. V/s Buddha & Ors. in S. B. Civil First Appeal No.51/2011 decided on 12.03.2012; (2) Pyarelal V/s. Shubhendra Pilania & Ors. Reported in 2019(2) BLJ 164; [2025:RJ-JP:30962] (3 of 4) [CR-121/2024] (3). Shyam Sunder Agarwal & Ors. V/s. Kushalkanwar & Ors. & Laxmi Devi and Ors. V/s. Kushalkanwar & Ors. Reported in MANU/RH/1473/2023; (4). Kamli Devi V/s. Rampyari & Ors. Reported in MANU RH/1343/2022; Learned counsel for the plaintiffs has opposed the arguments advanced by learned counsel for the defendant and submitted that by way of the suit, the plaintiffs have challenged the will of Kungarbai dated 12.04.2019, which was registered on 09.10.2019 and mortgage made in favour of the defendant. The civil court has jurisdiction only to declare the said will as null and void. So, the trial court vide order dated 04.12.2023 rightly dismissed the application filed by the defendant. So, the present petition being devoid of merit, is liable to be dismissed. Learned counsel for the plaintiff has placed reliance upon the judgment passed by this court in the case of Gyarsi Bai (Mst.) V/s. Board of Revenue, Ajmer & Ors. Reported in 2023 (4) DNJ (Raj.) 1652:- I have considered the arguments advanced by learned counsel for the defendant as well as learned counsel for the plaintiffs. It is an admitted position that while deciding an application under Order 7 Rule 11 CPC, only averments of the plaint are to be considered. The plaintiffs wanted to get declared the will of Kungarbai dated 12.04.2019, which was registered on 09.10.2019 and mortgage made in favour of the defendant as null and void. So, in my considered opinion, the matter requires adjudication before the Civil Court. The plaintiffs have already filed a suit [2025:RJ-JP:30962] (4 of 4) [CR-121/2024] before the revenue court for declaration of the khatedari rights. Therefore, the trial court not committed any error in dismissing the application filed by the defendant under Order 7 Rule 11 CPC. So, the present petition being devoid of merit, is liable to be dismissed, which stands dismissed accordingly. Pending application(s), if any, also stand(s), dismissed. (NARENDRA SINGH DHADDHA),J Gourav/121