LAWS(ALL)-2013-10-161

LALLU RAM Vs. BOARD OF REVENUE

Decided On October 07, 2013
LALLU RAM Appellant
V/S
BOARD OF REVENUE Respondents

JUDGEMENT

(1.) Heard Sri Mansoor Ahmad, learned Counsel for the petitioners. The petitioners are stated to have filed a suit under section 229B of the U.P.Z.A. & L.R. Act, 1950 which was pending. The defendants in the suit filed an application for an interim injunction. The interim injunction in favour of the defendants was granted in 1992 and the plaintiffs filed an application for vacating the said interim injunction. The same was disposed of and the interim injunction continued to operate in favour of the defendants.

(2.) The suit remained pending till 1999 and was ultimately dismissed in default on 30.8.1999.

(3.) The plaintiffs then filed a restoration application, copy whereof has been filed as Annexure 3 to the writ petition, wherein the entire blame was put on a wrong information being given by the Reader of the Court of the Sub-Divisional Officer concerned. The said application for restoration was rejected on 9.11.2004 against which an appeal was filed which was allowed and the revision filed against the same by the defendants was dismissed. The defendants approached this Court by filing Writ Petition No. 68291 of 2005 and the same was ultimately allowed by this Court on 31.3.2010 setting aside the impugned orders and remanding the matter back to the Appellate Court for deciding the appeal keeping in view the issues that were raised between the parties. The Appellate Court has now dismissed the appeal and has upheld the rejection of the restoration against which a revision was filed by the petitioners that has also been dismissed, hence this writ petition.