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2026 DAILYLAW 931 (RAJ)

ALOK MODI SON OF LATE SHRI BHAGWATI PRASAD MODI v. JAYANT MODI SON OF LATE SHRI BHAGWATI PRASAD MODI

CW/20713/2025 · 2026-02-24

Anuroop Singhi

body2026

Judgment text

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[2026:RJ-JP:8574] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 20713/2025 Alok Modi Son Of Late Shri Bhagwati Prasad Modi, Resident Of Modi Tiraha, Kothi Dholpur, Tehsil And District Dholpur (Raj.) ----Petitioner Versus 1. Jayant Modi Son Of Late Shri Bhagwati Prasad Modi, Resident Of Modi Tiraha, Kothi Dholpur, Tehsil And District Dholpur. 2. Smt. Saroj Wife Of Mahesh Sharma, Resident Of Nihalganj, Kothi Dholpur, Tehsil And District Dholpur. ----Defendants-Respondents 3. Ashok Modi Son Of Rameshwar Prasa Modi, Deceased Though Legal Heirs- 3/1. Mayank Modi Son of Late Shri Ashok Modi, 3/2. Nitin Modi Son of Late Shri Ashok Modi, 3/3. Suman Modi Wife of Late Shri Ashok Modi, ----Plaintiff-Respondents 4. Trilok Kumar Modi, Son Of Late Shri Rishiswar Prasad Modi 5. Umang Modi, Son Of Late Shri Santosh Modi 6. Tarang Modi, Son Of Late Shri Santosh Modi 7. Madhu Modi Wife Of Late Shri Santosh Modi, All Are Resident Of Modi Tiraha, Kothi Dholpur, Tehsil And District Dholpur. 8. Satish Kumar Modi Son Of Late Shri Rishishwar Prasad Modi, Resident Of Modi Tiraha, Kothi Dholpur, Tehsil And District Dholpur. 9. Ku. Meenu Daughter Of Shri Mahesh Chandra, Resident Of Gulab Bagh, Baadi Road, Dholpur, Tehsil And District Dholpur. 10. Smt. Ramsnehi Wife Of Shri Mahesh Chandra, Resident Of Gulab Bagh, Baadi Road, Dholpur, Tehsil And District Dholpur. 11. Smt. Meenu Sharma Wife Of Shri Pradeep Sharma, Resident Of Chandan Villa Hotel Ke Samne, Saipau Road, Dholpur. [2026:RJ-JP:8574] (2 of 3) [CW-20713/2025] 12. Smt. Nirmala Devi Wife Of Shri Rajendra Singh, Resident Of Baada Nawab Sahab, Bajariya Dholpur, Tehsil And District Dholpur. 13. Yogendra Singh Son Of Shri Raghuveer Singh, Resident Of Sarai Gajra, Dholpur, Tehsil And District Dholpur. 14. Banwari Lal Son Of Shri Madho Singh, Resident Of Village Jamalpur, Tehsil Saipau, District Dholpur. 15. Pawan Kumar Son Of Pramod Kumar, Resident Of Kayasth Pada, School Ke Samne, Dholpur, Tehsil And District Dholpur. 16. State Of Rajasthan, Through Tehsildar, Dholpur. ----Non-Applicants/Defendants-Respondents 17. Smt. Alka Garg Daughter Of Late Shri Bhagwati Prasad Modi, Wife Of Shri Ramesh Sharma, Resident of at present 18-1, I.L.I.T. Aanasagar Circular Road, Ajmer. ----Defendant/Performa Respondents For Petitioner(s) : Mr. Anil K. Sharma Ms. Saroj Singh For Respondent(s) : HON'BLE MR. JUSTICE ANUROOP SINGHI Order 24/02/2026 The present writ petition has been filed being aggrieved by the order dated 05.08.2025 passed by the learned Board of Revenue in Revision/T.A. No. 6277/2025 of the District Dholpur titled as Alok Modi Vs. Jayant Modi, vide which the revision petition filed by the petitioner has been dismissed by holding the writ petition to be not maintainable. A perusal of the impugned order dated 05.08.2025 reveals that the revision petition has been dismissed solely on the ground that the same has been filed against an interim order dated [2026:RJ-JP:8574] (3 of 3) [CW-20713/2025] 27.06.2025 and therefore, the revision under Section 230 of the Rajasthan Tenancy Act, 1955 was not maintainable. Learned counsel for the petitioner, at the very outset, submits that although the revision petition was not maintainable, the petitioner may be granted liberty to avail the appropriate remedy of filing a counter appeal before the learned Revenue Appellate Authority. Considering the limited submissions so made, learned counsel for the petitioner is granted liberty to avail appropriate remedy before the learned Revenue Appellate Authority. It is further directed that since the petitioner had approached this Court by way of the present writ petition, the period spent in pursuing the present writ petition shall be taken into consideration while deciding the application seeking condonation of delay, if any, to be filed along with the appeal. With aforesaid directions, the present writ petition as well as other pending application(s), if any, stand disposed of. (ANUROOP SINGHI),J VINAY /35