GOVIND KHANDELWAL Vs. SURESH KHANDELWAL

JUDGEMENT

(1.) The instant review petition under Order 47 Rule (1) r/w Sec. 114 of the Code of Civil Procedure has been filed seeking review of order dtd. 23/1/2024 passed in W.A. No. 1341/2022, whereby the writ appeal has been dismissed.

(2.) The brief facts of the case are that the writ petition has been filed by the respondent being aggrieved with the orders passed in Case No. 1063- One/13 and 1064-One/13 dtd. 17/9/2014 by the Board of Revenue, Gwalior whereby the petitioner's revision was allowed and the mutation of Survey No. 219, area 0.314 Aare was ordered to be made as per the sale deed. The respondents being aggrieved by the said order challenge the same by filing a writ petition before the Single Bench of this Court and the learned Single Bench of this Court passed the impugned order dtd. 8/12/2021 after elaborate discussion of the facts and law held that the respondent Govind (present petitioner) has sold 0.314 hectare of land bearing Survey No. 219 and again the same land was sold by Chaturbhuj Das to Suresh Kumar, Radha Krishna, Ajay Kumar and Amit Kumar (present respondents). The petitioner filed a review petition before the learned Single Judge, which was dismissed.

(3.) Learned counsel for the petitioner has assailed the order passed in writ appeal pointing out that none of the Courts below considered that in the sale deed the word "Aare" has been mentioned instead of "Hectare", therefore, the order passed in writ appeal may be recalled. He further submitted that the Writ Appellate Court has committed an error in dismissing the writ appeal and pointed out that the findings given in para 11 and 13 of the impugned order are incorrect. Hence, the review petition may be allowed the the order impugned may be recalled and, thereafter, hear the appeal afresh.