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2026 DAILYLAW 18967 (RAJ)

MUKESH v. MAHENDRA KUMAR

CW/15223/2025 · 2026-01-23

Bipin Gupta

body2026

Judgment text

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[2026:RJ-JP:3139] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15223/2025 1. Mukesh, S/o Phularam 2. Rajuram, S/o Phularam 3. Mahendra, S/o Phularam 4. Otari, S/o Phularam 5. Gyarsilal, S/o Kaluram 6. Rakesh S/o Banwari, All R/o Norangpura, Tehsil Khetri, District Jhunjhunu, Rajasthan. ----Petitioners Versus 1. Mahendra Kumar, S/o Ramjilal 2. Moharli, W/o Ramjilal 3. Panir W/o Mhendra Kumar, All R/o Norangpura, Tehsil Khetri, District Jhunjhunu, Rajasthan. 4. State Of Rajasthan, Through Tehsildar Khetri, District Jhunjhunu, Rajasthan. ----Respondents For Petitioner(s) : Mr. Gajanand Yadav For Respondent(s) : HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 23/01/2026 1. The present writ petition has been filed assailing the order dated 15.07.2025 passed by learned Civil Judge, Khetri, whereby the application under Section 9 of the Code of Civil Procedure was rejected. 2. Heard. [2026:RJ-JP:3139] (2 of 2) [CW-15223/2025] 3. This Court finds that the application filed under Section 9 CPC for dismissal of the suit on account of the suit being barred by law as the suit was maintainable before the Revenue Court was not maintainable as the remedy is under Order 7 Rule 11 CPC. 4. The petitioner, however at this stage, seeks permission to file application under Order 7 Rule 11 CPC. 5. Accordingly, the present Civil Writ Petition is dismissed. However, the petitioner would be at liberty to file application under Order 7 Rule 11 CPC before the learned Trial Court. 6. Pending application(s), if any, also stand disposed of. (BIPIN GUPTA),J MAHIMA/KRATIKA/5