KALULAL S/O LATE NATHI BAI BEBA HEERALAL v. DHANRAJ S/O PHOOLCHAND
CW/15273/2026 · 2026-08-18
Anand Sharma
body2026
DailyLaw.ai
[ 2026 DAILYLAW 13832 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 13832 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:32799] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15273/2026 CNR: RJHC020682192026 | URN: CW / 32490U / 2026 Kalulal S/o Late Nathi Bai Beba Heeralal, Resident Of Village Bhmorikala, Tehsil Manglor, District Baran. ----Petitioner-Defendant No.1 Versus
1. Dhanraj S/o Phoolchand, Resident Of Village Bhmorikala, Tehsil Manglor, District Baran.
2. Moolchand, S/o Phoolchand
3. Madanlal, S/o Phoolchand
4. Balram, S/o Phoolchand
5. Radhakishan S/o Phoolchand, Respondent No. 2 to 5 Are Resident At Village Bhamorikala, Tehsil Manglor, District Baran.
6. State Of Rajasthan, Through Tehsildar Manglore, District Baran.. ----Respondents For Petitioner(s) : Mr. Rajveer Singh Rajawat Mr. Arvind Sharma For Respondent(s) :
HON'BLE MR. JUSTICE ANAND SHARMA
Order 18/08/2026
1. By way of filing this petition, the petitioner has assailed order dated 16.04.2026 passed by the Board of Revenue, Ajmer, whereby after entertaining the revision petition filed by the respondent-plaintiff, ex-parte interim order has been passed to the effect of staying the operation and execution of judgment and decree dated 10.02.2026 and the parties have been directed to
[2026:RJ-JP:32799] (2 of 3) [CW-15273/2026] maintain status quo as regards site position and record till the next date.
2.
Learned counsel for the petitioner submits that the plaintiff- respondent filed a revenue suit for declaration and injunction, impleading the petitioner as defendant. The petitioner filed counter-claim in the said suit. Vide judgment and decree dated 10.02.2026, the trial court, although dismissed the suit filed by the respondent-plaintiff, however, partly decreed the counter-claim preferred by the petitioner.
3. Thereafter, the respondent-plaintiff filed appeal before Revenue Appellate Authority against judgment and decree dated 10.02.2026, where although the appeal was admitted, yet the stay application filed by the respondent-plaintiff was dismissed.
4. Being aggrieved, the respondent-plaintiff approached the Board of Revenue by way of filing revision petition. Thereupon, the Board of Revenue, vide order dated 16.04.2026 admitted the revision petition and directed the parties to maintain status quo and operation and execution of the decree was stayed.
5.
Learned counsel for the petitioner submits that learned Board of Revenue has committed serious error of law and jurisdictional infirmity in entertaining revision petition against rejection of stay application by the Revenue Appellate Authority and under the circumstances where the stay application was dismissed after hearing both the parties by the Revenue Appellate Authority, ex-parte interim order should not have been passed by the Board of Revenue.
6. Having heard learned counsel for the petitioner and perused the record, this Court finds that order dated 16.04.2026 passed by
[2026:RJ-JP:32799] (3 of 3) [CW-15273/2026] the Board of Revenue is not a final order and is simply ad-interim
order passed by the Board of Revenue till the next date. Points raised by the petitioner in the present petition can be raised by him before the Board of Revenue by way of filing appropriate application for seeking vacation of interim order dated
16.04.2026.
7. This court finds that at this stage, the writ petition filed by the petitioner is totally premature and cannot be entertained, hence, is hereby accordingly dismissed.
8. It is, however, made clear that mere dismissal of writ petition would not curtail rights of the petitioner to file appropriate application before the Board of Revenue for vacating the ad- interim stay order dated 16.04.2026. In case any such application is filed, same shall be considered strictly in accordance with law by the Board of Revenue and after granting due opportunity of hearing to both the parties, the Board of Revenue shall make an endeavor to decide the application expeditiously and preferably within a period of 03 months from the date of filing of the application.
9. Pending application(s), if any, stand(s) disposed of.
(ANAND SHARMA),J 10/EKTA SAINI