[2025:RJ-JP:44427-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal (Writ) No. 1089/2025 In S.B. Civil Writ Petition No.672/2021 Smt. Raj W/o Shri Mahendra Lal (Retired IPS), Harayana State Cadre, Physically Resident of House No. 928, Sector No. 8, Panchkula, Haryana (In The Plaint And In The Impugned Order, Resident At Village Haznaka, Tehsil Kotkasim, Distt. Alwar, Rajasthan Has Been Just To Usurp Jurisdiction Of Trial Court At Kotkasim Alwar District And The Disputed Agricultural Land Is Situated At Village Haznaka) ----Plaintiff No.1-Appellant/ Non-Petitioner/appellant Versus 1. Shakti Singh, Aged About 66 Years, Son of Late Shri Jainarayan. 2. Mahendra Singh, Aged About 68 Years, S/o Late Sh. Jainarayan. 3. Jaidayal, Aged About 82 Years, S/o Late Sh. Jainarayan. 4. Amilal, (Since Deceased) 4/1. Shri Rakesh S/o Lt. Shri Amilal 4/2. Shri Sunil Kumar S/o Lt. Shri Amilal 4/3. Smt. Santosh Devi D/o Lt. Shri Amilal. Defendants Petitioners No.1 to 4 are sons of Lt. Shri Jainarayan and Nos.4/1 to 4/2 all are residing at Haznaka, Tehsil Kotkasim, District Alwar, Rajasthan. Petitioner No.4/3 is residing at village Majra, District Mahendragarh, Haryana. ---Contesting Defendants-Petitioners/ Contesting Respondents 5. Tarachand S/o Heera Lal, R/o Village Nashopur, Tehsil Kotkasim, District Alwar, Rajasthan 6. Harisingh S/o Late Sh. Bholu, R/o Village Nashopur, Tehsil Kotkasim, District Alwar, Rajasthan 7. Hariram S/o Late Sh. Bholu, R/o Village Nashopur, Tehsil Kotkasim, District Alwar, Rajasthan 8. Hariprakash S/o Late Sh. Bholu, R/o Village Nashopur, [2025:RJ-JP:44427-DB] (2 of 4) [SAW-1089/2025] Tehsil Kotkasim, District Alwar, Rajasthan 9. Harikaran S/o Late Sh. Bholu, R/o Village Nashopur, Tehsil Kotkasim, District Alwar, Rajasthan 10. Bhagat Singh S/o Late Sh. Haripal, Potra Bholu, R/o Village Nashopur, Tehsil Kotkasim, District Alwar, Rajasthan 11. Nikhlesh S/o Late Haripal, Potra Bholu, R/o Village Nashopur, Tehsil Kotkasim, District Alwar, Rajasthan 12. Dulichand S/o Jodha Chamar, R/o Village Nashopur, Tehsil Kotkasim, District Alwar, Rajasthan 13. Deendayal S/o Jodha Chamar, R/o Village Nashopur, Tehsil Kotkasim, District Alwar, Rajasthan 14. Heeralal S/o Harphool Singh, R/o Village Nashopur, Tehsil Kotkasim, District Alwar, Rajasthan 15. Bheem Singh S/o Harphool Singh, Residing At Shiv Nagar, In Front Of Kishanlal Public College, Delhi Road, Rewadi, Distt. Rewadi, (Haryana) 16. Bhupendra Singh S/o Harphool Singh, Residing At Shiv Nagar, In Front Of Kishanlal Public College, Delhi Road, Rewadi, Distt. Rewadi, (Haryana) 17. Ghanshyam S/o Harphool Singh, Residing At Shiv Nagar, In Front Of Kishanlal Public College, Delhi Road, Rewadi, Distt. Rewadi, (Haryana) 18. Rajendra S/o Netram, Residing At Shiv Nagar, In Front Of Kishanlal Public College, Delhi Road, Rewadi, Distt. Rewadi, (Haryana) 19. Santosh W/o Late Lalchand, Residing At Village Jadthal. 20. Diksha D/o Late Lalchand, By The Time Filing Of Suit She Was Minor Hence, Represented By Her Natural Mother Santosh Devi, But Now She has Became Major, Residing At Village Jadthal. 21. Ratan Lal S/o Late Netram, Residing At Village Jadthal. ---Respondents 22. The State of Rajasthan, Through Land Holder Tehsildar, Mundawar, Distt. Alwar, Rajasthan 23. Board of Revenue, Through Its Registrar Ajmer ---Proforma Respondents [2025:RJ-JP:44427-DB] (3 of 4) [SAW-1089/2025] For Appellant(s) : Mr. R.K. Mathur, Sr. Adv. assisted by Mr. Ayush Goyal and Mr. Kavish Sohail For Respondent(s) : Mr. Shiv Charan Gupta with Mr. Mahendra Yadav HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order 06/11/2025 1. The order passed by the learned Single Judge dated 08.07.2025 is under challenge before us in this Special Appeal (Writ). 2. Learned Senior Counsel appearing on behalf of the appellant fairly submits, that while on merits, the Sub Divisional Officer (for short ‘the SDO’) may be allowed to examine the case afresh after allowing the respondents to cross-examine two witnesses as mentioned in the order passed by the learned Single Judge, but he submits that the time period as directed in Para 20 of the order dated 08.07.2025 to complete the proceedings as laid down by the learned Single Judge i.e. 18 months ought to be reduced, as the suit was originally filed way back in the year 2002. 3. Learned counsel appearing on behalf of the respondents have no objection, if the time period is reduced for deciding the suit. 4. While no interference is warranted in the order passed by the learned Single Judge on merits, we deem it appropriate to direct the concerned SDO to decide the suit within a period of three months. [2025:RJ-JP:44427-DB] (4 of 4) [SAW-1089/2025] 5. It is further directed that the respondents (original writ petitioners) before us, shall not take any further time and the concerned witnesses shall positively be present for cross-examining within the aforesaid period. 6. It is made clear that if on account of non-presence of the concerned witnesses, the suit gets delayed, the same shall not be governed by our order. However, if the delay is caused on account of any complacency on the part of any of the parties, the concerned SDO would be bound to decide the matter without waiting any further for the cross-examination. 7. Three months’ time shall be calculated from the date the certified copy of the order is produced before the concerned SDO. 8. The present Special Appeal (Writ) is disposed of accordingly. 9. All pending applications shall also stand disposed of. (BALJINDER SINGH SANDHU),J (SANJEEV PRAKASH SHARMA),ACTING CJ AMIT/10