[2026:RJ-JP:881] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 4608/2024 Roshani Devi W/o Mahendra Kumar Saini, Aged About 29 Years, R/o Dhani Ramdawali, Tan Nanuwalibawdi, Tehsil Khetri, District Jhunjhunu. ----Appellant Versus 1. Vinod Kumar Saini S/o Jagdish Prasad Saini, R/o Dhani Ramdawali, Tan Nanuwalibawdi, Tehsil Khetri, District Jhunjhunu. 2. Jagdish Prasad Saini S/o Geegaram, Aged About 59 Years, R/o Dhani Ramdawali, Tan Nanuwalibawdi,tehsil Khetri, District Jhunjhunu. 3. Sunil Singh S/o Rohitash Singh, Aged About 41 Years, R/o Rajota, Tehsil Khetri District Jhunjhunu Rajasthan. ----Respondents For Appellant(s) : Mr. Rajendra Kumar Saini For Respondent(s) : Mr. Mohammed Anees HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 09/01/2026 1. With the consent of both the parties, the present appeal stands disposed of in the following terms:- (i) The order dated 29.07.2024 passed by Civil Judge Khetri District Jhunjhunu is quashed and set aside. The suit is restored to its original number. (ii) The learned Trial Court is directed to frame the issues on the basis of the pleadings of the parties and after framing of the issues, if the learned Trial Court finds any issue to be purely legal [2026:RJ-JP:881] (2 of 2) [CMA-4608/2024] issue including the maintainability of the suit, then the same may be decided as a preliminary issue. 2. All pending application(s) also stand disposed of. (BIPIN GUPTA),J MAHIMA/47