PUSHPENDRA SINGH BHATI,J. - (1.) This writ petition under Article 227 of the Constitution of India has been preferred claiming the following reliefs: "(i) The impugned order dated 15.11.2018 (Annex.14) to the extent of directing stay of Civil Suit No.178/2018 pending before the court of Civil Judge, Nathdwara may kindly be quashed and set aside with all consequential order. (ii) Any other appropriate order or direction, which this Hon'ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioner. (iii) Costs of the writ petition may kindly be awarded to the petitioner."
(2.) Brief facts of this case, as noticed by this Court, are that the predecessor in title of the petitioners, Late Shri Shyam Sunder Upadhyay had purchased shops No.15, 16, 17 and 18 from the then Goswami Tilkayat Ji by a registered sale deed dated 15.03.1971. By another registered sale deed dated 24.09.1977, Shri Shyam Sunder Upadhyay purchased the roof of five shops admeasuring 1323 sq. feet from Nathdwara Temple Board. Subsequently, Late Shri Shyam Sunder Upadhyay had purchased the roof of four shops, which were purchased vide sale deed dated 15.03.1971 and roof of the fifth shop which was belonging to Shri Arvind Kumar Bhatt.
(3.) Against the registered sale deed 24.09.1977 regarding purchase of the roof of the fifth shop, a suit for preemption was instituted by Shri Arvind Kumar Bhatt, the owner of the fifth shop, against Late Shri Shyam Sunder Upadhyay and the said suit was registered as Suit No.213/1978.;