[2025:RJ-JP:33761] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Revision Petition No. 243/2023 Murli Manohar Son Of Late Shri Kajodmal Saini, Aged About 53 Years, Resident Of In Front Of Krishi Upaj Mandi Samiti, Jaipur Road, Sikar (Rajasthan). ----Petitioner/Defendant No.2 Versus 1. Chhittarmal Son Of Shri Ghanshyam Saini, Aged About 64 Years, Resident Of Near Gulab Ji Ki Chakki, Devipura, Jaipur Road, Sikar (Rajasthan). 2. Moolchand Son Of Shri Ghanshyam Saini, Aged About 60 Years, Resident Of Near Gulab Ji Ki Chakki, Devipura, Jaipur Road, Sikar (Rajasthan). -------Respondents/Plaintiffs/Contesting Respondents 3. Shankar Lal Son Of Late Shri Kajodmal, Aged About 62 Years, Resident Of In Front Of Krishi Upaj Mandi Samiti, Jaipur Road, Sikar (Rajasthan). 4. Om Prakash Son Of Late Shri Kajodmal, Aged About 49 Years, Resident Of In Front Of Krishi Upaj Mandi Samiti, Jaipur Road, Sikar (Rajasthan). 5. Gulab Devi, Wife Of Late Shri Nagarmal, Aged About 66 Years, Resident Of In Front Of Krishi Upaj Mandi Samiti, Jaipur Road, Sikar (Rajasthan). 6. Babulal Son Of Late Shri Nagarmal, Aged About 46 Years, Resident Of In Front Of Krishi Upaj Mandi Samiti, Jaipur Road, Sikar (Rajasthan). 7. Jitendra Son Of Late Shri Nagarmal, Aged About 38 Years, Resident Of In Front Of Krishi Upaj Mandi Samiti, Jaipur Road, Sikar (Rajasthan). 8. Narendra Son Of Late Shri Nagarmal, Aged About 36 Years, Resident Of In Front Of Krishi Upaj Mandi Samiti, Jaipur Road, Sikar (Rajasthan). 9. Smt. Patashi Devi, Daughter Of Late Shri Nagarmal And Wife Of Shri Ramniwas, Aged About 44 Years, Resident Of Losal, Tehsil Dhod, District Sikar (Rajasthan). 10. Smt. Kaushalya, Daughter Of Late Shri Nagarmal And Wife Of Shri Ashish Kumar, Aged About 42 Years, Resident Of Near Private Bus Stand, Jhunjhunu (Rajasthan). [2025:RJ-JP:33761] (2 of 7) [CR-243/2023] 11. Smt. Kiran Devi, Daughter Of Late Shri Nagarmal And Wife Of Shri Munna Lal, Aged About 40 Years, Resident Of Mahanto Ki Kothi, Sikar (Rajasthan). 12. Smt. Gogalya Devi, Wife Of Late Shri Prabhu Dayal, Aged About 58 Years, Resident Of In Front Of Krishi Upaj Mandi Samiti, Jaipur Road, Sikar (Rajasthan). 13. Nand Lal Son Of Late Shri Prabhu Dayal, Aged About 31 Years, Resident Of In Front Of Krishi Upaj Mandi Samiti, Jaipur Road, Sikar (Rajasthan). 14. Hemraj Son Of Late Shri Prabhu Dayal, Aged About 30 Years, Resident Of In Front Of Krishi Upaj Mandi Samiti, Jaipur Road, Sikar (Rajasthan). 15. Raju Daughter Of Late Shri Prabhu Dayal And Wife Of Shri Pramod Kumar Saini, Aged About 32 Years, Resident Of Mahanto Ki Kothi, Sikar (Rajasthan). 16. Laxmi Daughter Of Late Shri Prabhu Dayal And Wife Of Shri Phool Chand, Aged About 30 Years, Resident Of Rupawali Dhani, Ranoli, Tehsil Dantaramgarh, District Sikar (Rajasthan). 17. Kumari Mamta Daughter Of Late Shri Prabhu Dayal, Aged About 26 Years, Resident Of In Front Of Krishi Upaj Mandi , , Sikar (Rajasthan). 18. Smt. Santosh Devi, Wife Of Late Shri Bhagwati Prasad, Aged About 52 Years, Resident Of In Front Of Krishi Upaj Mandi Samiti, Jaipur Road, Sikar (Rajasthan). 19. Sushil Son Of Late Shri Bhagwati Prasad, Aged About 28 Years, Resident Of In Front Of Krishi Upaj Mandi Samiti, Jaipur Road, Sikar (Rajasthan). 20. Manish Son Of Late Shri Bhagwati Prasad, Aged About 26 Years, Resident Of In Front Of Krishi Upaj Mandi Samiti, Jaipur Road, Sikar (Rajasthan). 21. Mukesh Son Of Late Shri Bhagwati Prasad, Aged About 24 Years, Resident Of In Front Of Krishi Upaj Mandi Samiti, Jaipur Road, Sikar (Rajasthan). 22. Rakhi Duaghter Of Late Shri Bhagwati Prasad And Wife Of Shri Jagdish Prasad, Aged About 34 Years, Resident Of Udalal Ki Dhani Radhakishanpura, Sikar (Rajasthan). 23. Rekha Daughter Of Late Shri Bhagwati Prasad And Wife Of Shri Tarachand, Aged About 32 Years, Resident Of [2025:RJ-JP:33761] (3 of 7) [CR-243/2023] Dhabaipura, Tan. Chainpura Dadli, Tehsil And District Sikar (Rajasthan). 24. Poonam Daughte Of Late Shri Bhagwati Prasad And Wife Of Shri Virendra Saini, Aged About 30 Years, Resident Of Nala Ka Balaji, Tan. Kudli, Tehsil And District Sikar (Rajasthan). 25. Smt. Ganpati Devi Alias Patashi, Wife Of Alte Shri Mangal Chand, Aged About 62 Years, Resident Of Near Gulab Ji Ki Chakki, Ward No. 26, Devipura, Sikar (Rajasthan). 26. Lalchand Son Of Late Shri Mangal Chand, Aged About 49 Years, Resident Of Chidiya Tibba, Purohit Ji Ki Dhani, Sikar (Rajasthan). 27. Sanwarmal Son Of Late Shri Mangal Chand, Aged About 48 Years, Resident Of Near Gulab Ji Ki Chakki, Ward No. 26, Devipura Sikar (Rajasthan). 28. Raghunath Son Of Late Shri Mangal Chand, Aged About 43 Years, Resident Of Near Gulab Ji Ki Chakki, Ward No. 26, Devipura Sikar (Rajasthan). 29. Kailash Son Of Late Shri Mangal Chand, Aged About 31 Years, Resident Of Near Gulab Ji Ki Chakki, Ward No. 26, Devipura Sikar (Rajasthan). 30. Manni Daughter Of Late Shri Mangal Chand And Wife Of Shri Onkar Mal, Aged About 50 Years, Resident Of Baniyon Ki Dhani, Ranoli, District Sikar (Rajasthan). 31. Savitri Daughter Of Late Shri Mangal Chand And Wife Of Shri Pritam Saini, Aged About 31 Years, Resident Of Uparli Dhani, Tehsil And District Sikar (Rajasthan). 32. Ghanshyam Saini Son Of Late Shri Nanga, Aged About 86 Years, Resident Of Near Gulab Ji Ki Chakki, Devipura, Sikar (Rajasthan). 33. Municipal Council, Sikar Through Its Commissioner. 34. Banarsi Devi, Daughter Of Shri Ghanshyam Saini And Wife Of Shri Girdhari Lal, Aged About 68 Years, Resident Of Near Water Tank, Ranoli, Tehsil Dantaramgarh, District Sikar (Rajasthan). 35. Shakuna Daughter Of Shri Ghanshyam Saini And Wife Of Shri Begaram Saini, Aged About 52 Years, Resident Of Near Mahanto Ki Kothi, Sikar (Rajasthan). [2025:RJ-JP:33761] (4 of 7) [CR-243/2023] 36. Vimla Devi Daughter Of Shri Ghanshyam And Wife Of Shri Mahaveer Prasad Saini, Aged About 45 Years, Resident Of Village Singrawat, Tehsil Dhod, District Sikar (Rajasthan). 37. Kamla Devi Wife Of Late Shri Manohar Lal Saini, Aged About 56 Years, Resident Of Near Gulab Ji Ki Chakki, Devipura, Sikar (Rajasthan). 38. Santra Devi Daughter Of Late Shri Manohar Lal And Wife Of Shri Mahendra Kumar, Aged About 31 Years, Resident Of Anani Kothi, Radha Kishanpura, Sikar (Rajasthan). 39. Suresh Kumar Son Of Late Shri Manohar Lal Saini, Aged About 29 Years, Resident Of Near Gulab Ji Ki Chakki, Devipura, Sikar (Rajasthan). 40. Prakash Son Of Late Shri Manohar Lal, Aged About 27 Years, Resident Of Near Gulab Ji Ki Chakki, Devipura, Sikar (Rajasthan). 41. Sonia Daugther Of Late Shri Manohar Lal, Aged About 23 Years, Resident Of Near Gulab Ji Ki Chakki, Devipura, Sikar (Rajasthan). 42. Pooja Daughter Of Late Shri Manohar Lal, Aged About 21 Years, Resident Of Near Gulab Ji Ki Chakki, Devipura, Sikar (Rajasthan). 43. Anshika Daughter Of Late Shri Manohar Lal, Aged About 17 Years, (Through Guardian Mother Smt. Kamla Devi) Resident Of Near Gulab Ji Ki Chakki, Devipura, Sikar (Rajasthan). 44. Manju Devi Wife Of Late Shri Dhannalal, Aged About 46 Years, Resident Of In Front Of Bus Depot, Near Gulab Ji Ki Chakki, Devipura Sikar (Rajasthan). 45. Rakesh Son Of Late Shri Dhannalal, Aged About 28 Years, Resident Of In Front Of Bus Depot, Near Gulab Ji Ki Chakki, Devipura Sikar (Rajasthan). 46. Vikas Son Of Late Shri Dhannalal, Aged About 24 Years, Resident Of In Front Of Bus Depot, Near Gulab Ji Ki Chakki, Devipura Sikar (Rajasthan). 47. Narendra Son Of Late Shri Dhannalal, Aged About 22 Years, Resident Of In Front Of Bus Depot, Near Gulab Ji Ki Chakki, Devipura Sikar (Rajasthan). 48. Sonu D/o Of Late Shri Dhannalal, Aged About 20 Years, Resident Of In Front Of Bus Depot, Near Gulab Ji Ki [2025:RJ-JP:33761] (5 of 7) [CR-243/2023] Chakki, Devipura Sikar (Rajasthan). ----Proforma Respondents For Petitioner(s) : Mr. Saransh Saini Mr. Abhilash Sharma For Respondent(s) : Mr. Shubham Kumar Sharma HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Judgment 26/08/2025 This Civil Revision Petition has been filed by the petitioner- defendant No.2 (for short ‘the defendant’) against the order dated 19.05.2023 passed by the Additional District Judge No.4, Sikar (for short ‘the trial Court’) in Civil Suit No.14/2018, whereby the application filed by the defendant under Order 7 Rule 11 CPC has been dismissed. Learned counsel for the defendant submits that respondent Nos.1 and 2-plaintiffs (for short ‘the plaintiffs’) filed a suit for partition and mandatory as well as permanent injunction against the defendant as well as respondent Nos. 3 to 48 in which the defendant filed an application under Order 7 Rule 11 CPC but the trial Court vide order dated 19.05.2023 dismissed the application filed by the defendant. Learned counsel for the defendant further submits that the trial Court had wrongly dismissed the application filed by the defendant because as per the averments made in the plaint, the disputed property was ancestral property and the said property belonged to Nanga. After the death of Nanga, said property devolved upon Kajodmal, Ghanshyam and Mangal Chand. [2025:RJ-JP:33761] (6 of 7) [CR-243/2023] Ghanshyam is still alive. So, the plaintiffs had no right to file the suit for partition of the ancestral property in the lifetime of Ghanshyam but the trial Court had committed an error in dismissing the application. So, petition filed by the defendant be allowed, the order dated 19.05.2023 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) ‘Uttam Vs. Saubhag Singh and Ors.’, reported in (2016) 4 SCC 68 (2) ‘Bhagela Sahu and Anr. Vs. Raju Sahu and Anr.’ reported in 2020 SCC OnLIne Chh 1963. Learned counsel for the plaintiffs has opposed the arguments advanced by counsel for the defendant and submitted that the trial Court rightly came to the conclusion that the question as to whether the disputed property is ancestral or not would be decided after taking the evidence of the parties. So, the petition filed by the defendant be dismissed. I have considered the arguments advanced by counsel for the defendants and counsel for the plaintiff. It is an admitted position that while deciding the application under Order 7 Rule 11 CPC, only averments of the plaint are to be considered. A bare perusal of the plaint reveals that the disputed property belonged to deceased Nanga and after his death, said property devolved upon Kajodmal, Ghanshyam and Mangal Chand. It is also an admitted position that Ghanshyam is still alive. So, in my considered opinion, during the lifetime of Ghanshyam, [2025:RJ-JP:33761] (7 of 7) [CR-243/2023] plaintiffs had no right to file the partition suit in relation to ancestral property but the trial Court had committed an error in dismissing the application filed by the defendant. So, the petition filed by the defendant deserves to be allowed. The petition filed by the defendant is allowed. The order dated 19.05.2023 passed by the trial Court is set aside and the suit filed by the plaintiffs is dismissed for want of cause of action. Pending application(s), if any, stand(s) disposed of. (NARENDRA SINGH DHADDHA),J Ritu/47