GOVERDHAN AND OTHERS Vs. HEERA AND OTHERS

JUDGEMENT

(1.) HEARD learned counsel for the parties at the admission stage.

(2.) THIS is plaintiffs' second appeal arising out of O.S. No.506 of 2001, which was dismissed on 02.08.2011 by Civil Judge, Junior Division, Kushinagar. Against the said decree plaintiffs appellants filed Civil Appeal No.28 of 2011, which was dismissed on 31.10.2011 by District Judge, Kushinagar, hence this second appeal. District Judge did commendable job by deciding the appeal in two months.

(3.) IN the year 1981 when consolidation was going on in the area in question a compromise was filed before the Consolidation Officer purporting to have been signed by Bholu @ Ram Narain father of the contesting defendants admitting the claim of Ram Preet ancestor of plaintiff and proforma defendant. The Consolidation Officer decided the matter in accordance with the compromise and held that only Shiv Barat and thereafter his son Ram Preet was tenure -holder of the land in dispute. Against the said order of the C.O. appeal was field before S.O.C. which was allowed through judgment and order dated 19.01.1983 and thereafter matter was remanded to be decided on merit. Through order dated 22.12.2011, I directed the parties to bring on record the order of Consolidation Officer which might have been passed after the judgment of S.O.C. dated 09.01.1983. Counter rejoinder affidavits have been filed stating therein that matter is still pending as it was dismissed in default and restored several times.