VISHWANATH AND ANOTHER Vs. ADDITIONAL DISTRICT MAGISTRATE (ADMINISTRATION)/DEPUTY DIRECTOR OF CONSOLIDATION, DEORIA AND OTHERS

JUDGEMENT

(1.) Challenge in this petition is the judgment of the Deputy Director of Consolidation dated 27.4.2005 by which revision filed by opposite party has been allowed and compromise order passed by appellate authority has been set aside and the appellate authority has been directed to decide the appeal afresh on merits.

(2.) Learned Counsel for the petitioner and Sri Ravindra Sharma, learned Advocate who appears for all the respondents have been heard.

(3.) Submission of learned Counsel tor petitioner is that the Revisional Court while setting aside the order of appellate authority has not recorded categorical finding in regard to the genuineness of the compromise and on technical grounds, compromise order has been set aside. Submission is that a detail examination in respect to genuineness of compromise in respect to signature/thumb impression of all parties and other attending circumstances to prove /disapprove the genuineness of compromise should have been the subject matter before Revisional Court and it is only thereafter, compromise order should have been set aside. Submission is that by a cursory examination without going into root of validity and genuineness of compromise, the impugned order has been passed.