Nandkishore vs Smt. Dhapu Bai

Ms. Bela M. Trivedi, J. - The present petition has been filed by the petitioners-defendants under Article 227 of the Constitution of India, challenging the order dated 29.07.2013 passed by the Additional District Judge No.2, Bundi (hereinafter referred to as "the trial court") in Civil Suit No.13/2011, whereby the trial court has rejected the application of the petitioners filed under Section 242 of the Rajasthan Tenancy Act (hereinafter referred to as "the said Act") for referring the issue on the plea of tenancy to the revenue court.

After having heard the learned counsels for the parties and the documents on record, more particularly the relief claimed in the suit, it appears that the respondent No.1 had filed the suit seeking partition in the agricultural lands and also sought declaration that he is khatedar in respect of �th share in the said lands. The trial court considering the application of the petitioners-defendants under Section 242 of the said Act has rejected the application by observing that the main relief having been claimed for partition of the suit lands, the application of the petitioners-defendants at this juncture is not maintainable. Without going into the merits of the case, suffice it to observe that it will be open for the trial court to reconsider the application of the petitioners under Section 242 of the said Act at the appropriate stage, as it deems fit.

With the afore-stated observations, the petition is dismissed. By this order, the stay application and other pending application if any, also stand dismissed.