Nathu Ram and Another vs Kamla Devi and Others

Gopal Krishan Vyas, J.—Heard learned counsel for the parties. In this writ petition filed under Art. 227 of the Constitution of India, the petitioners are challenging the validity of the order dt. 23.02.2012 passed by District Judge Merta in Civil Appeal No. 33/11 whereby the appellate Court set aside the order passed by the trial Court dt. 12.07.2011 passed in Civil Misc. Case No. 91/2010 on the ground that land in question is agricultural land and although the civil suit cannot be filed for claiming right upon the agricultural land but appellate Court observed in the order that inspite of leaving this question for trial Court whether suit is maintainable or not, it is not proper to stay the proceedings.

After hearing learned counsel for the parties, I have perused the order impugned. Admittedly, the land in question is agricultural land and trial Court ignored the said fact and granted interim order, therefore, District Judge, Merta set aside the order of trial Court in appeal. In view of above, I am not inclined to interfere in the order impugned dt. 23.02.2012 passed by the District Judge, Merta. However, this writ petition is disposed of with the direction to the trial Court to decide the suit itself within a period of six months from today. It is made clear that whether the land in question is agricultural land or not it will be decided in the trial Court and observation made in this order will not affect the trial.