[2025:RJ-JP:27280] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.8798/2025 Banshi Alias Banshidhar Son Of Narayan, Aged About 72 Years, Resident Ward No. 34, Veer Hanuman Ka Rasta, Town Chomu, Tehsil Chomu, District Jaipur ----Petitioner Versus 1. Prakashchand Son Of Rudaram, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur 2. 3. Ramsingh Son Of Ruda, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur Shankar Son Of Kishan Sahay, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur 4. Maliram Son Of Hanuman, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur 5. Lalchand Son Of Hanuman, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur 6. Ramchandra Son Of Ramdev, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur 7. Jaiprakash Son Of Vishwaeshwar, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur 8. Jagdish Son Of Shaitan, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur 9. Rameshwar Son Of Kishan Sahay, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur 10. Prabhat Son Of Ruganath, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur 11. Phoolchand Son Of Mairuram, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur 12. Birdi Devi Wife Of Vishweshwar, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur 13. Mangal S//o Deva, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur 14. Dularam Son Of Gaururam, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur 15. Jagdish S/o Deva, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur [2025:RJ-JP:27280] (2 of 7) [CW-8798/2025] 16. Jagdish S/o Kishanlal, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur 17. Lachu Son Of Sheonarain, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur 18. Laduram Son Of Shaitaan, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur 19. Kalu Son Of Sheonarain, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur 20. Lalchand Son Of Shaitaan, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur 21. Shyamlal Son Of Deva, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur 22. Sitaram Son Of Chhotilal, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur 23. Sitaram Son Shaitaan, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur 24. Geeta Devi Wife Of Chhotilal, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur 25. Mahesh Son Of Kailash, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur 26. Vijay Son Of Kailash, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur 27. Neetu Daughter Of Chhotilal, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur 28. Kaluram Son Of Jagannath, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur 29. Santosh Kumar Son Of Jagannath, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur 30. Bhagwati Devi Wife Of Late Shankar Daughter-In-Law Of Bhairu, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur 31. Radheshyam Son Of Shankar Grandson Of Bhairu, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur 32. Ajay Kumar Son Of Late Suresh, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur 33. Ankesh S/o Late Suresh, Minor Through Natural Guardian [2025:RJ-JP:27280] (3 of 7) [CW-8798/2025] Mother Lalita Devi, R/o Ward No. 34, Veer Hanuman Ji Ka Rasta, Tehsil Chomu, District Jaipur 34. Anita Daughter Of Chhotilal Wife Of Suresh Ahir, Resident Of Village Hathnoda, Tehsil Chaumun, District Jaipur. 35. Mrs. Nathi Daughter Of Late Keshari And Gaururam Wife Of Harpal Singh, Resident Of Village Mundya Ramsar, Tehsil Jhotwara, District Jaipur. 36. Soni Daughter Of Late Keshari And Gaururam Wife Of Laxminarayan Ahir, Resident Of Village Mundya Ramsar, Tehsil Jhotwara, District Jaipur. 37. Smt. Gaura Devi Wife Of Roop Narayan, Resident Of Ramnagar Village Dekthala Via Niwana, Tehsil Chomu, District Jaipur. 38. Maliram Son Of Roopnarayan, Resident Of Ramnagar Village Dekthala Via Niwana, Tehsil Chomu, District Jaipur. 39. Hanuman Sahai Son Of Roop Narayan, Resident Of Ramnagar Village Dekthala Via Niwana, Tehsil Chomu, District Jaipur. 40. Mrs. Santosh Daughter Of Rupnarayan Wife Of Suresh, Resident Of Village Charanwas, Tehsil Chomun, District Jaipur. 41. Smt. Sanjya Devi Wife Of Late Ramkaran, Resident Of Sushilpura Sodala, Jaipur District 42. Ramchandra Son Of Late Ramkaran, Resident Of Sushilpura Sodala, Jaipur District 43. Madan Son Of Late Ramkaran, Resident Of Sushilpura Sodala, Jaipur District 44. Smt. Vimla Daughter Of Ramkaran Wife Of Ramchandra, Resident Of Village Kanarpura, Tehsil Chaumu, District Jaipur. 45. Mrs. Bidam Devi Daughter Of Late Ramkaran Wife Of Suresh, Daughter Of Late Ramkaran Wife Of Suresh 46. Mrs. Santosh Daughter Of Late Ramkaran Wife Of Ashok, Resident Of Village Hathnoda, Tehsil Chomu, District Jaipur. 47. Gopal Son Of Bhairu, Resident Of Ramnagar Dekthala, Tan Niwana, Tehsil Chomu, District Jaipur. 48. Nandkishore Son Of Bheru, Resident Of Ramnagar [2025:RJ-JP:27280] (4 of 7) [CW-8798/2025] Dekthala, Tan Niwana, Tehsil Chomu District Jaipur. 49. Ramdayal Son Of Bhairu, Resident Of Ramnagar Devthala, Tan Niwana, Tehsil Chomu District Jaipur. 50. Nanchi Alias Santosh Daughter Of Chhotilal Wife Of Pawan, Resident Of Village Hathnoda, Tehsil Chaumu, District Jaipur. 51. Suman Daughter Of Chhotilal Wife Of Hari, Resident Nam Hathnoda, Tehsil Chaumu, District Jaipur. 52. Seeta D/o Vishveshwar, W/o Ramsingh, R/o Village Hathnoda, Tehsil Chomu, District Jaipur 53. Rameshwari Daughter Of Vishweshwar Wife Of Sitaram, Resident Of Village Samod, Tehsil Chaumu, District Jaipur. 54. Radheshyam Son Of Hanuman Sahai, Resident Of Poonchla Ki Dhani, Village Singod, Tehsil Chaumun, District Jaipur. 55. Sandarmal Son Of Hanuman Sahai, Resident Of Poonchla Ki Dhani, Village Singod, Tehsil Chaumu, District Jaipur. 56. Babulal Son Of Muralidhar, Resident Of Khadi Bagh Road, Rundla Ki Dhani, Town And Tehsil Chomu, District Jaipur. 57. Babulal Son Of Shivnarayan, Resident Of Beed Wali Dhani, Village Hadota, Tehsil Chomu, District Jaipur. 58. Rajendra Prasad Son Of Shivnarayan, Resident Of Beed Wali Dhani, Village Hadota, Tehsil Chaumun, District Jaipur. 59. Vijay Vimal Son Of Prabhatilal, Resident Of Banyawali Dhani, Village Devthala, Tehsil Chomu, District Jaipur. 60. Sitaram Son Of Rughnath Prasad, Resident Of Village Tankarda, Tehsil Chaumu, District Jaipur. 61. Seduram Son Of Bhuramal, Resident Of Ward No. 44, Town And Tehsil Chaumun, District Jaipur. 62. Sub-Registrar, Sub-Registration Office, Chomu, Tehsil Chomu, District Jaipur 63. The Government Of Rajasthan, Through Tehsildarchomu, Tehsil Chomu, District Jaipur. ----Respondents For Petitioner(s) : Mr. Ravi Jangir [2025:RJ-JP:27280] (5 of 7) [CW-8798/2025] For Respondent(s) : Mr. Krishan Sharma Mr. Sushil Yadav JUSTICE ANOOP KUMAR DHAND Order 22/07/2025 1. Aggrieved by the order dated 08.05.2025 passed by the Board of Revenue (hereinafter referred to as “the Board”), the instant writ petition has been preferred before this Court. 2. By passing the order dated 08.05.2025, the Board has stayed the operation of the order dated 03.02.2025 passed by the Revenue Appellate Authority (hereinafter referred to as “RAA”). 3. By passing the order dated 03.02.2025, RAA has passed an order directing the parties to maintain status quo till during pendency of the suit submitted by the petitioner before the Court of Sub-Divisional Officer (hereinafter referred to as “SDO”). 4. Learned counsel for the petitioner submits that a suit for partition along-with an application for temporary injunction under Section 212 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as “the Act of 1955”) was submitted by the plaintiff- petitioner against the defendants-respondents wherein an interim order was passed on 20.06.2024 and the parties were directed to maintain status quo. Learned counsel submits that on a subsequent date vide order dated 28.10.2024, the said interim order dated 20.06.2024 was recalled against which an appeal was preferred by the petitioner before RAA and RAA again passed an interim order in favour of the petitioner on 03.02.2025 directing the parties to maintain status quo against which a revision petition [2025:RJ-JP:27280] (6 of 7) [CW-8798/2025] has been filed by the respondents before the Board and the Board vide its order dated 08.05.2025 has stayed the operation of the order dated 03.02.2025 passed by RAA. Learned counsel submits that, in the meantime, the suit filed by the petitioner has been decreed vide judgment and decree dated 17.01.2025 and a preliminary decree has been drawn. Learned counsel submits that the record of the entire matter has been summoned by the Board, hence, the preliminary decree is not satisfied. Learned counsel submits that once the suit filed by the petitioner has been decreed by the court of SDO vide judgment and decree dated 17.01.2025, the said application submitted along-with the suit has become infructuous automatically, hence, there was no reason or occasion available with the Board to pass the order dated 08.05.2025 asking the parties to maintain status quo and there was nothing to summon the record. Hence, the order dated 08.05.2025 is not sustainable in the eye of law and is liable to be quashed and set- aside. 5. Per contra, learned counsel for the respondents opposed the arguments raised by learned counsel for the petitioner, but he is not in a position to controvert the submissions made by learned counsel for the petitioner. 6. Considering the arguments put forward by learned counsel for the petitioner and looking to the fact that the main suit filed by the plaintiff-petitioner has itself been decreed vide judgment dated 17.01.2025 and a preliminary decree has been drawn. Under these circumstances, whatever orders passed on temporary injunction application under Section 212 of the Act of 1955 and the proceedings drawn thereupon have become infructuous [2025:RJ-JP:27280] (7 of 7) [CW-8798/2025] automatically. Hence, under these circumstances, the impugned order dated 08.05.2025 passed by the Board is not sustainable in the eye of law and is hereby quashed and set-aside. 7. It goes without saying that if any party is aggrieved by the judgment and decree dated 17.01.2025, they would be at liberty to avail the remedies available to them under the law. 8. The writ petition stands disposed of. Stay application as well as all applications stand disposed of. (ANOOP KUMAR DHAND),J Karan/13