[2025:RJ-JP:15349] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 224/2024 1. Kashiram Son Of Genda, Resident Of Village Richholi, Tehsil Bayana, District Bharatpur. 2. Chhuttan Singh @ Chhuttanlal Son Of Kashiram, Resident Of Village Richholi, Tehsil Bayana, District Bharatpur. ----Appellants Versus 1. Ramesh Son Of Thukri, Resident Of Village Richholi, Tehsil Bayana, District Bharatpur. 2. Smt. Ghansi Wife Of Ramesh, Resident Of Village Richholi, Tehsil Bayana, District Bharatpur. ----Respondents For Appellant(s) : Mr. Hemant Gupta For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 07/04/2025 1. Instant second appeal is preferred aggrieved from dismissal of civil regular appeal No. 20/2021 (07/2012) passed by learned Additional District Judge No.1, Bayana, District Bharatpur on 16.02.2024 whereby the judgment and decree dated 08.05.2012 in civil suit No. 08/2006 passed by learned Civil Judge (Senior Division), Bayana, District Bharatpur was upheld. 2. During course of argument, learned counsel for appellant submits that there is a concurrent finding of fact but the findings were recorded mainly on the ground that the disputed land is pasture land and the Village Panchayat has no authority to issue Patta over the land. He also submits that this issue whether the [2025:RJ-JP:15349] (2 of 3) [CSA-224/2024] particular land is part of pasture land or not was challenged by the appellants in Civil Writ Petition Nos. 9075/2011 and 9076/2011 because the Patta issued by the Village Panchayat was canceled by the Additional District Collector. He further submits that in case, appellant succeeds in aforementioned writ petitions then they have a right to continue to remain in possession on the land on basis of Patta, issued in their favor, by Village Panchayat. 3. He offers to withdraw instant second appeal with liberty to take appropriate steps, in case Writ Petition Nos. 9075/2011 and 9076/2011 are allowed and decided in favor of appellants. He also submits that a liberty be granted to take action on basis of outcome of writ petition(s) and the findings based on the assumption that the Patta issued by the Village Panchayat is part of pasture land may not come in way to avail the remedy. 4. On the basis of Patta issued by Village Panchayat a civil suit was filed by the plaintiffs and same was dismissed and findings were affirmed by the First Appellate Court. In the meanwhile, Patta was cancelled by the Additional District Collector and same was challenged by way of filing two writ petitions, which are pending before this Court and a status quo order was passed by a Co-ordinate Bench of this Court, therefore, the instant second appeal is hereby dismissed as withdrawn with liberty to appellants as aforesaid. 5. In case, writ petitions are decided of in favor of appellants then the findings recorded by the Trial Court will not come in way to seek further remedy on the basis of outcome of said writ petitions. [2025:RJ-JP:15349] (3 of 3) [CSA-224/2024] 6. With aforesaid, instant second appeal stands disposed with pending application(s), if any. (ASHOK KUMAR JAIN),J MONU /15