ATAR SINGH Vs. ADDITIONAL COMMISSIONER ADMINISTRATION GARHWAL MANDAL

JUDGEMENT

(1.) By the present writ petition, the petitioner has prayed for a writ of certiorari quashing the order dated 2nd July, 2002 passed by the respondent No. 1 in Revision No. 25/1999-2000 so far as it has made a rider for cross-examining Sri Padam Singh i.e. respondent No. 2.

(2.) Briefly stated, a suit for partition of the joint bhumidhari land was filed by Sri Padam Singh respondent No. 2. The said suit was decreed on 30-5-1996 ignoring the family settlement dated 14th January, 1971.

(3.) The petitioner has preferred an appeal against the judgment and decree dated 30th May, 1996 passed by the Assistant Collector. The appeal was numbered as Z.A. Appeal No. 29/1995-96. The appeal was allowed by the Additional Commissioner on 14th January, 1999 and the Additional Commissioner remanded the matter back for fresh decision after framing issue No. 6 on the point of family settlement dated 14th January, 1971.