GOMA RAM Vs. SHARDA

JUDGEMENT

(1.) INSTANT writ petition has been filed by the petitioner defendant challenging the order dated 09.02.2011 passed by Civil Judge (J.D.) Jodhpur in Civil Original Case No. 193/2011 by which the application filed by the petitioner defendant seeking stay of further proceedings in the suit was dismissed.

(2.) LEARNED counsel for the petitioner vehemently argued that respondent plaintiff filed the suit for injunction against the petitioner defendant and as per averments, in the plaint, it is stated by the plaintiff that she is having one plot situated in village Mandore for which the Urban Improvement Trust, Jodhpur issued patta in the regularization scheme on 20.10.2002. During pendency of the suit, the said patta was challenged by the petitioner defendant before the Divisional Commissioner by way of filing an appeal. The Divisional Commissioner allowed the appeal on 18.03.2008 and set aside the patta granted in favour of plaintiff respondent against which plaintiff respondent preferred a revision before the Board of Revenue, Ajmer which is still pending.

(3.) WHILE following the above adjudication and upon the facts and circumstances of the present case, I am not inclined to exercise power under Article 227 of the Constitution of India because the order passed by the trial court is perfectly justified.