Arun Bhansali, J. - (1.) THIS writ petition is directed against order dated 11.10.2011 passed by Additional District Judge (Fast Track) No. 1, Bhilwara, whereby, the application dated 21.02.2009 filed by the petitioners seeking exclusion of the counter claim filed by the respondents has been rejected.
(2.) THE petitioners -plaintiffs filed suit for declaration and permanent injunction against the respondents on 17.11.2006, inter alia, with the averments that the plaintiffs were members of Hindu undivided family ('HUF'); respondent No. 1 - Bhairu Lal sold property belonging to HUF without authorization to respondent No. 2 despite status quo order passed by the competent court and sought relief that sale deed dated 01.11.2006 executed by respondent No. 1 be declared null and void and also sought injunction. The respondents -defendants filed written statement on 19.02.2007, inter alia, claiming that the suit property was self acquired property of defendant No. 1, who had right to sale the said property.
(3.) IT appears that in the meanwhile the revenue suit filed by petitioner No. 1 - Chhagan Lal, seeking declaration and permanent injunction under Section 188 and 88 of the Rajasthan Tenancy Act, 1955 was decreed by the Sub Divisional Officer, Bhilwara ('SDO') on 17.02.2007, against which, the respondent No. 2 sought permission to file first appeal being transferee of the suit land, which application was rejected by the Revenue Appellate Authority ('RAA') on 10.05.2007 and second appeal filed by respondent No. 2 - Smt. Shanta Bai was rejected on 01.07.2008 by the Board of Revenue ('Board'); whereafter, on 14.07.2008 the defendant No. 2 - Smt. Shanta Bai filed counter claim under Order VIII, Rule 6A CPC seeking cancellation of judgment and decree dated 17.02.2007 passed by the SDO.;