1 S.B.C.W. NO.8140/07 & Two Other. Smt. Vimla Devi & Another Vs. State of Rajasthan and Others IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R (1) S.B.CIVIL WRIT PETITION NO. 8140/2007 Smt. Vimla Devi & Another Vs. State of Rajasthan and Others (2) S.B.CIVIL WRIT PETITION NO. 8138/2007 Smt. Vimla Devi & Another Vs. State of Rajasthan and Others (3) S.B.CIVIL WRIT PETITION NO. 8139/2007 Smt. Vimla Devi & Another Vs. State of Rajasthan and Others Date of Order : : 01.05.2009 HON'BLE MR. JUSTICE H.R. PANWAR Mr. Sajjan Singh, for the petitioners. Mr. K.K.Bissa, Addl. Govt. Advocate for respondent State. Mr. Suresh Shrimali for the respondent No.2. BY THE COURT By these three writ petitions under Article 227 of the Constitution of India, the orders dated 21.05.2007 passed 2 S.B.C.W. NO.8140/07 & Two Other. Smt. Vimla Devi & Another Vs. State of Rajasthan and Others by Additional District Collector, Pali have been challenged by the petitioners whereby the revision petitions filed by the petitioners before the Additional District Collector, Pali against the respondents No.2 and 3 came to be dismissed. I have heard learned counsel for the parties. It is contended by learned counsel for the petitioners that petitioner No.2 Ghanshyam is adopted son of Shri Chhailaram @ Biharilal husband of respondent No.2 Smt. Pushpa and the petitioner No.1 Smt. Vimla is wife of petitioner No.2. One Shri Shanker Lal S/o Shri Pannalal executed a Gift Deed Annex.1 by which the land in question came to be gifted to the petitioner No.2 Ghanshyam. However, subsequently, the respondent No.3 Gram Panchayat, Kantalia issued a Patta in favour of the respondent No.2 Smt. Pushpa W/o Biharilal @ Chailaram and that patta came to be challenged by the petitioners by way of revision before the Additional District Collector, Pali. The Additional District Collector, Pali dismissed the revision petition on the ground that a civil suit has already been filed by Chhailaram against petitioner No.2 Ghanshyam wherein the alleged gift deed has been challenged and interim order on an application filed by Chailaram @ Biharilal husband 3 S.B.C.W. NO.8140/07 & Two Other. Smt. Vimla Devi & Another Vs. State of Rajasthan and Others of respondent No.2 under Order 39 Rule 1 and 2 r/w Section 151 CPC came to be passed vide order dated 17.12.2005 by Civil Judge, (Junior Division), Marwar Junction, Pali. The petitioner No.2 claims the land on the strength of the said gift deed and the respondent No.2 and her husband Chhailaram @ Biharilal have specifically denied having ever taken the petitioner No.2 in adoption. The revisional Court came to the conclusion that the patta has been issued on the strength of the old possession of the respondent No.2 by the Gram Panchayat respondent No.3 and the claim of the petitioner is based on gift deed which is under challenge before the Civil Judge (Jr. Division), Marwar Junction and the interim order is operating against the petitioner No.2 and that issue as to whether the petitioner No.2 has any valid gift deed is yet to be decided by the Civil Court. It is reported by learned counsel for the parties that Civil Court is at the stage of recording evidence of the parties. Be that as it may, as to whether any valid gift deed was executed by Shanker Lal or as to whether Shanker Lal was competent to execute gift deed in favour of the petitioner No.2 are questions to be decided by Civil Court 4 S.B.C.W. NO.8140/07 & Two Other. Smt. Vimla Devi & Another Vs. State of Rajasthan and Others where the suit is pending. In the circumstances, therefore, in my view, the revisional court was justified in dismissing the revisions. I do not find any error in the orders impugned warranting interference exercising supervisory jurisdiction of this Court under Article 227 of the Constitution of India. All the three writ petition are therefore, dismissed. Stay petitions also stand dismissed. (H.R. PANWAR), J. Rp