GOPAL SINGH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) There is a delay of 3731 days in filing this review application. Cause shown is sufficient to condone the delay. Accordingly, the delay condonation application is allowed. Delay in filing review application is hereby condoned.

(2.) Mr. Gopal Singh (writ petitioner) filed a suit under Section 180 of U.P. Tenancy Act against Mr. Raghubir Singh (respondent No. 4 herein), which was decreed by Assistant Collector 1st Class, Haldwani vide judgment dated 17.09.1969. The defendant to the suit challenged the said judgment by filing appeal and learned Commissioner, Kumaon Division Nainital vide judgment dated 26.06.1991 allowed the said appeal and dismissed the suit filed by the petitioner. Petitioner, feeling aggrieved, by the judgment rendered by first appellate court, filed second appeal before Board of Revenue, which was dismissed by Board of Revenue vide judgment dated 20.05.1994. The judgment rendered by all the three courts were challenged by the petitioner by filing writ petition No. 29937 of 1994 before Allahabad High Court, which was renumbered as WPMS No. 92 of 2001, after transfer to this Court. The writ petition was dismissed vide judgment dated 07.08.2008.

(3.) This review application has been filed by Mr. Gopal Singh (writ petitioner) seeking review of the judgment dated 07.08.2008, whereby his writ petition was dismissed and the order dated 05.08.2010, whereby his application seeking review of the judgment was rejected.