HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Revision Petition No. 234/2023 1. Shivprasad Son Of Late Shri Kishan Babu, Resident Of Hall Shri Nihaleshwar Ji Mandir Ke Piche Staith Dharamshala Bajaj Khana Kothi, Dholpur, Tehsil And District- Dholpur. 2. Rajendra Son Of Late Shri Kishan Babu, Resident Of Hall Shri Nihaleshwar Ji Mandir Ke Piche Staith Dharamshala Bajaj Khana Kothi, Dholpur, Tehsil And District- Dholpur. 3. Pappu @ Mahesh Son Of Late Shri Kishan Babu, Resident Of Hall Shri Nihaleshwar Ji Mandir Ke Piche Staith Dharamshala Bajaj Khana Kothi, Dholpur, Tehsil And District- Dholpur. 4. Mauni @ Manmohan Son Of Late Shri Kishan Babu, Resident Of Hall Shri Nihaleshwar Ji Mandir Ke Piche Staith Dharamshala Bajaj Khana Kothi, Dholpur, Tehsil And District- Dholpur. 5. Pawan Son Of Late Shri Rambabu, Resident Of Nihaleshwar Ji Mandir Ke Piche Staith Dharamsala, Bajaj Khana Kothi, Dholpur, Tehsil And District- Dholpur. At Present Residing At C-5, Flat No. 13 Ground Floor Basant Kunj N Metro Station Chhaterpur Ke Pass, New Delhi. ----Petitioners Versus Moorti Shri Nihaleshwar Ji Mahadev, Virajman Temple Nihaleshwar, Nihalganj, Bajaj Khana Kothi, Dholpur Vadmitra Pujari Yogendra Singh Rajoria Son Of Late Shri Sambhunath Rajoria Resident Of Pujari And Sevayatan Moorti Nihaleshwar Ji Mahadev Nihalganj Bajaj Khana Kothi Dholpur (Raj.) ----Respondent For Petitioner(s) : Mr. Anil K. Sharma For Respondent(s) : Mr. Sumit Kumar Jain HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order (2 of 2) [CR-234/2023] 05/03/2025 1. Aggrieved from order dated 28.03.2023 in civil suit no. 7/2021 passed by learned Additional Civil Judge no.3, Dholpur instant revision petition is preferred by petitioner defendants. 2. During course of argument, it has come to notice that the petitioner defendant has raised an objection that a similar suit no. 68/2009 was already decided between the parties and subsequent suit is hit by principle of res judicata. 3. Having considered submissions, the instant revision petition is disposed of with consent of the counsel for parties with liberty to petitioners to move an application under Section 11 of CPC before the trial court after framing of issues for disposal in accordance with law. 4. Instant revision petition is disposed of with liberty as aforesaid. In case any such application is filed, the trial shall decide the application as early as possible. 5. Misc. application, if any, stands disposed of. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /99