VIMAL KUMAR DHAUNDIYAL Vs. RAJ KUMAR

JUDGEMENT

(1.) The present writ petition has been preferred by the petitioners being aggrieved against the Revisional Court's order dated 22.12.2015 by virtue of which the Revisional Court, had while setting aside the order dated 03.10.2015 as passed by the Court of Civil Judge (J.D) Pauri Garhwal in Misc. Case No. 18 of 2009 "Jagat Narayan Dhaundiyal and others vs. Ritha Ram and others"? has remitted the matter back to the Trial Court and to issue a fresh Parwana in the name of the Survey Commissioner, who was directed to submit his report afresh within one month before the Trial Court for which he was directed to be paid with the remuneration of Rs. 1,000/-. For the said purpose by the impugned order dated 22.12.2015 the revisionist was directed to take steps within a period of 03 days before the Trial Court and participated in the proceedings before the Trial Court for the conduct of the Survey Commission, which reads as under:

(2.) As directed by the Revisionnal Court the survey was to be conducted in the execution proceedings from which the revision was arising i.e. Misc. Case No. 18 of 2009 "Jagat Narayan Dhaundiyal and Others vs. Ritha Ram and Others"?. Though not necessary, but this Court feels it incumbent to record that detailed manner in which the proceedings have been taken in relation to a suit in question which was filed or a decree of mandatory injunction which was numbered as Suit No. 22 of 1979 " Jagat Narayan Dhaundiyal vs. Ritha Ram and Other"? before Civil Judge (Junior Division) which was adjudicated by the Civil Court as back on 12.11.1980. As against the said judgment dated 12.11.1980 and decree of the Trial Court dated 12.11.1980 a Civil Appeal being Civil Appeal No. 24 of 1980 "Jagat Narayan vs. Ritha Ram was preferred which was allowed and consequently the decree was executed in favour of the plaintiff was set aside by Appellate Court on 16.12.1984 and the Suit was decreed which reads as under:

(3.) Being aggrieved against the said order and judgment dated 16.12.1984 rendered by the First Appellate Court, a second appeal was preferred before Allahabad High Court and the second appeal was decided by the judgment dated 21.05.2007, as rendered by this Court on its transfer under Reorganization Act and as a consequence thereto the second appeal was dismissed and the first Appellate Courts decree 16.12.1984 was affirmed. The property in dispute which was initially lying in Khasra No. 1481 as describe in para -2 of the plaint and which according to the present bandobasti was renumbered as to be Khatauni having an area of 2.076 hectares i.e. equivalent to 103 Nali 14 Mutthi of land. After the judgment rendered by the Second Appellate Court and as has been considered by the Revisional Court in its order impugned dated 22.12.2015 in the present writ petition it had been remarked upon the observations which was made in the Second Appeal No. 1352 of 2001 "Ritha Ram and others vs. Jagat Narain Dhondiyal"? pertaining to the findings recorded in para-7 of the judgment of the Second Appellate Court dated 21.05.2007 which reads as under.