[2025:RJ-JP:33550] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7866/2025 1. Bhojraj S/o Shri Rekharam, Aged About 66 Years, R/o Bhuriyon Ki Dhani, Tan Palasara, Tehsil And District Sikar 2. Gangabux S/o Shri Rekharam, (Decased) Through His Lrs 2/1. Harphool Singh S/o Late Gangabux, Aged About 37 Years, R/o Bhuriyon Ki Dhani, Tan Palasara, Tehsil And District Sikar 2/2. Shyobhagwan S/o Late Gangabux, Aged About 36 Years, R/o Bhuriyon Ki Dhani, Tan Palasara, Tehsil And District Sikar 2/3. Manisha Devi W/o Ramchandra Singh D/o Late Gangabux, Aged About 39 Years, R/o Shahpura, District Sikar 2/4. Mamta Devi W/o Jagdish Prasad D/o Late Gangabux, Aged About 34 Years, R/o Shahpura District Sikar (Raj.) ----Petitioners Versus 1. Banwari Lal Adopted Son Of Late Shri Padmaram, R/o Village Bhuriyon Ki Dhani, Palasara, Tehsil And District Sikar (Raj.) 2. Mahavir Son Of Shri Hardevaram Jat, Resident Of Village Bhuriyon Ki Dhani, Palasara Tehsil And District-Sikar (Rajasthan) 3. Sukhveer Son Of Shri Hardevaram Jat, Resident Of Village Bhuriyon Ki Dhani, Palasara Tehsil And District-Sikar (Rajasthan) 4. Mahendra Son Of Shri Hardevaram Jat, Resident Of Village Bhuriyon Ki Dhani, Palasara Tehsil And District- Sikar (Rajasthan) 5. Narayani Wife Of Shri Hardevaram Jat, Resident Of Village Bhuriyon Ki Dhani, Palasara Tehsil And District-Sikar (Rajasthan) 6. Smt. Phuli Devi Wife Of Shri Malaram, Resident Of Haripura Tehsil And District Sikar 7. Dularam Son Of Shri Tikuram, Resident Of Haripura Tehsil And District Sikar 8. Kanhaiyalal Son Of Shri Munaram, Resident Of Haripura [2025:RJ-JP:33550] (2 of 3) [CW-7866/2025] Tehsil And District Sikar 9. Vijendra Singh Son Of Shri Kanhaiyalal, Resident Of Haripura Tehsil And District Sikar 10. Jhabarmal Son Of Munaram, Resident Of Haripura Tehsil And District Sikar 11. Prabhati Daughter Of Rekha Ram Wife Of Mukanda Ram, Resident Of Village-Tasar Badi, Tehsil District-Sikar 12. Dhapu Son Rekha Ram Wife Lakharam, Resident Of Village Paiva, Tehsil And District Sikar 13. Chandri Daughter Of Rekha Ram Wife Of Danaram, Resident Of Village Paiva, Tehsil And District Sikar 14. Roopi Daughter Of Rekha Ram Wife Of Bhanwar Lal, Resident Of Village- Bhamu Ki Dhani Tehsil Dantaramgarh And District- Sikar 15. Manbhari Daughter Of Rekha Ram Wife Of Har Lal, Resident Of Village- Bhamu Ki Dhani Tehsil- Danta Ramgarh District- Sikar 16. Chhoti Daughter Rekha Ram, Wife Of Harful, Resident Of Village- Dhaka Ki Dhani, Tan Malkera Tehsil And District- Sikar. 17. Govind Son Of Shri Amarchand, Resident Of Haripura Tehsil And District Sikar. ----Respondents For Petitioner(s) : Mr. Anil Kumar Sharma with Ms. Manjeet Sharma For Respondent(s) : Mr. Gayatri Rathore, Sr. Advocate assisted by Mr. Ran Singh HON'BLE MR. JUSTICE SAMEER JAIN Judgment 25/08/2025 1. Present petition is filed against the order dated 05.05.2025, whereby the appeal filed by the petitioners/defendants has been dismissed while confirming the judgment and decree dated [2025:RJ-JP:33550] (3 of 3) [CW-7866/2025] 29.05.2024 passed by Gram Nyayalaya, Kudli, Sikar against which petitioner instead of taking remedy under Section 34 of Gram Nyayalaya Act, 2008, preferred the first appeal and petitioner being aggrieved of the order passed in the first appeal has filed writ petition. 2. Learned counsel for the respondents has raised a preliminary objections that the present writ petition is not maintainable as the order of Civil Court was passed in wrong determination of jurisdiction. It is submitted that against the order of Gram Nyayalaya, the appeal under Section 34 of the governing statute is an efficacious alternate and appropriate remedy. 3. Learned counsel for the petitioner after analysis of the legal position of law accepted to the said proportion. 4. In the facts and circumstances and to carry out the substantial justice, this Court deems it proper to set aside the order dated 05.05.2025 passed by Addl. District Judge No.1, Sikar with a liberty to the petitioner to prefer an appeal under Section 34 of the Gram Nyayalaya Act, 2008 against the order of 29.05.2024 (Annexure-3) within a period of 30 days. 5. Till the lapse of 30 days, status quo as on date will be maintained. 6. Present petition is accordingly disposed of. Pending applications, if any, stand disposed. 7. No prejudice will be caused either of the party while contesting their matter before the Civil Court on account of passing of this judgment or any erstwhile order. (SAMEER JAIN),J CHANDAN /40