AJAY RASTOGI,J. - (1.) Defendant petitioner has filed this revision petition against order dated 06/09/01 in civil suit No.27/97 whereby Additional District Judge No.3, Jaipur City decided two preliminary issues (No.6 and 7) against defendant.
(2.) Facts, in brief, relevant for adjudication of dispute arising herein, are that Smt. Sushila Devi (respondent No.2) - mother of Mukesh Saini (respondent No.1) filed an application U/s 8(2) of Hindu Minority and Guardianship Act, 1956 (Act, 1956) before District Judge, Jaipur City seeking permission for sale of land belonging to her minor son Mukesh for his benefit. The said application was allowed vide order dated 08/02/90 whereby conditional permission was granted to Smt.Sushila for sale of her sons land in question to the petitioner. An agreement to sale of suit land was executed between petitioner and Smt. Sushila on 07/12/89 and at that time, Mukesh Saini was minor son whose date of birth is 28/09/78 and who attained majority on 28/09/96. When Smt. Sushila failed to execute sale agreement, petitioner instituted civil suit No.40/92 for specific performance of sale agreement dated 07/12/89 before District Judge Jaipur City on 13/02/92. After respondent No.1 attained majority on 28/09/96, filed his additional written statement in civil suit, raising objections and questioning sale agreement dated 07/12/89 - specific performance whereof was sought by petitioner and contemporaneously respondent NO.1 filed separate suit No.27/97 before District Judge, Jaipur City against petitioner questioning order dated 08/02/90 passed in exercise of powers U/s 8(2) of Act, 1956 and for declaring it as null and void. It was inter alia alleged in his plaint that permission was sought for by collusion with his mother at the instance of her counsel (respondent Nos.4 and 5), against whom allegations were levelled on the premise that his mother is illiterate and was not aware of consequences of seeking permission and for executing agreement dated 07/12/89.
(3.) Suit of petitioner has been decreed vide judgment dated 31/03/99 by Additional District Judge No.3, Jaipur City, against which Civil First Appeal No.263/99 has been filed which is pending before this Court.;