DHARM RAJ Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Sri Amit Kumar Singh, learned Advocate holding brief of Sri Bhanu Dutt Pandey, learned counsel for the petitioner, Sri D.P. Singh, learned Senior Advocate assisted by Sri Harish Chandra Singh, learned counsel appearing for the respondent no.4 and Sri Vinod Kant, learned Additional Advocate General assisted by Sri Rajesh Kumar, learned Standing Counsel appearing on behalf of respondent nos.1 & 2 and Sri Anuj Kumar, learned Advocate has appeared for the respondent Gaon Sabha.

(2.) Sri D.P. Singh, learned Senior Advocate assisted by Sri Harish Chandra Singh, learned counsel appearing for the respondent no.4 has made a statement at the Bar that he does not wish to file a counter affidavit, and the matter may be disposed of on merits.

(3.) This appeal has been filed from a judgment and decree of Sri Rajesh Kumar, Member, Board of Revenue, U.P. at Allahabad passed in Second Appeal no.12 of 2005-06, dated 28.01.2019, whereby he has allowed the appeal from an appellate decree of the Commissioner, Chitrakoot Dham Division, Banda, dated 23.12.2005, and restored the decree of the Trial Court, dated 09.03.2005, passed by the Assistant Collector, Karvi in Suit no.123 of 2004 from a final decree for partition passed in the said suit.