RAJVEER SINGH Vs. BABULAL AND OTHERS

JUDGEMENT

(1.) In this writ petition under Article 227 of the Constitution of India, petitioner has approached this Court challenging the legality, validity and propriety of the order dated 5.8.2016 passed in Case No.2203-1/2016 Revision.

(2.) Facts relevant and necessary for disposal of this writ petition are that the respondents had filed civil suit seeking a declaration as Bhumiswami and permanent injunction in respect of parcels of agricultural land falling indifferent survey numbers as mentioned in paragraph 1 of the plaint situated in village Karola, Tahsil Morena vide Civil Suit No.90A/2003. The suit was though dismissed by Illrd Civil Judge, Class-I, Morena vide judgment and decree dated 23.9.2005, however, it was ordered that the plaintiffs/respondents shall not be dispossessed from the suit land except by due process of law.

(3.) The aforesaid judgment and decree passed by the trial Court has been maintained in First Appeal No.3-A/2007 decided on 21.9.2007. accordingly, decree was drawn on 23.9.2007. Second appeal preferred against the aforesaid judgment vide Second Appeal No.7 of 2008 has been dismissed by judgment and decree dated 28.8.2009. The Civil Appeal No.3257 of 2011 arising therefrom has also been dismissed vide order dated 11.9.2014 by the Hon 'ble Supreme Court. As such, the aforesaid judgment and decree passed by the trial Court has attained finality.