SMT. VIMLA KUMARI DAUGHTER OF LATE SHRI UMMED SINGH, WIFE OF SURENDRA SINGH v. DAULAT SINGH SON OF LATE SHRI GORDHAN
CW/20252/2025 · 2025-12-19
Sandeep Taneja
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39386 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39386 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:51444] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 20252/2025
1. Smt. Vimla Kumari Daughter of Late Shri Ummed Singh, Wife of Surendra Singh, resident of Kothi Janwas, District Alwar (Since Deceased) through Legal Representatives
2. Surendra Singh Son of Late Shri Ram Singh, resident of 203, Scheme No. 8, Gandhi Nagar, Alwar
3. Devendra Singh Son of Surendra Singh, resident of GMS Road, Near Ganesh Temple, Dehradun, Uttarakhand ----Petitioners Versus
1. Daulat Singh Son of Late Shri Gordhan, resident of Village Salpur, Tehsil Malakheda, District Alwar
2. Moti Singh Son of Late Shri Gordhan, resident of Village Salpur, Tehsil Malakheda, District Alwar
3. Brajwala Daughter of Late Shri Gordhan Singh, resident of Village Salpur, Tehsil Malakheda, District Alwar
4. Smt. Leshkanwar, Wife of Late Yogenda Singh
5. Bhupendra Singh, Son of Late Yogenda Singh
6. Jitendra Singh, Son of Late Yogenda Singh
7. Bharti, Daughter of Late Yogenda Singh
8. Seema, Daughter of Late Yogenda Singh
9. Mohan Singh, Son of Late Girwa.r Singh
10. Hanuman Singh, Son of Late Girwar Singh
11. Raghuveer Singh, Son of Late Girwar Singh
12. Sukhvir Singh Son of Late Girwar Singh, All residents of Village Salpur, Tehsil Malakheda, District Alwar
13. Rajasthan Government, through Tehsildar Alwar
14. Shakti Singh Son of Rajendra Singh, resident of Plot No. 303 Scheme No. 8, Alwar
15. Smt. Sushma Daughter of Late Shri Rajendra Singh, Wife Shivram Singh, resident of Shiv Colony, Jaipur
16. Rajendra Singh Husband of Smt, Prem Kumari, resident of Plot No. 303 Scheme No. 8, Alwar ----Respondents
[2025:RJ-JP:51444] (2 of 3) [CW-20252/2025] For Petitioner(s) : Mr. Aditya Khandelwal For Respondent(s) :
HON'BLE MR. JUSTICE SANDEEP TANEJA
Order 19/12/2025
1.
Learned counsel for the petitioners submits that the petitioners filed an application under Section 340 of the Code of Criminal Procedure, 1973 in Revenue Suit filed by the respondents, alleging that the original Will produced by the respondents through application under Order VII Rule 14 of the Code of Civil Procedure, 1908 was a forged Will. However, the said application came to be rejected by the Sub Divisional Officer (SDO), Alwar by order dated 25.10.2017.
2. Being aggrieved by the said order, petitioners preferred an appeal before the Revenue Appellate Authority, Alwar. The said appeal was allowed vide order dated 23.05.2023 and the order dated 25.10.2017 passed by the Sub Divisional Officer (SDO), Alwar was set aside.
3. The respondents have filed a revision petition before the Board of Revenue against the order dated 23.05.2023 passed by the Revenue Appellate Authority, Alwar. The Board of Revenue vide order dated 06.06.2023 admitted the revision petition and stayed the operation of the order dated 23.05.2023.
4. The contention of the learned counsel for the petitioners is that a revision petition against an order passed in appeal under Section 341 Cr.P.C., is not maintainable. In this regard, the petitioners have already raised a preliminary objection before the Board of Revenue, however, despite the lapse of more than two
[2025:RJ-JP:51444] (3 of 3) [CW-20252/2025] and a half years, the said preliminary objection has not been heard and decided by the Board of Revenue.
5.
Learned counsel for petitioners, therefore, makes a limited prayer and seeks a direction to the Board of Revenue to dispose of the said revision petition including the preliminary objection regarding maintainability, as expeditiously as possible.
6. Considering the facts and circumstances of the case, this Court directs the Board of Revenue to decide the preliminary objection filed by the petitioners in Revision T.A. No.2722/2023 as expeditiously as possible, preferably within a period of three months from the date of receipt of certified copy of this order.
7. With the aforesaid directions, this writ petition is disposed of.
8. All pending applications also stands disposed of.
(SANDEEP TANEJA),J DEEPAK /11