BALI MOHAMMAD Vs. ANWAR

JUDGEMENT

(1.) Heard finally with the consent of both the parties.

(2.) In this Petition under Article 227 of Constitution of India the petitioner has assailed the legality, validity and propriety of the orders dated 14.3.2012 and 20.6.12 passed in Civil Suit No.29A/2011 pending before the IInd Civil Judge Class-1, Sheopur whereby application under Order 7 Rule 14(3) C.P.C for bringing the document on record has been rejected and vide order dated 20.6.2012 the review application has also been dismissed.

(3.) The brief facts of the case are that a suit for declaration and permanent injunction was filed by the petitioner regarding the suit land bearing Survey No.809, admeasuring 2 Biswa, situated at Kasba Sheopur, District Sheopur stating therein that the petitioner has purchased this land vide registered sale deed dated 21.3.1985 from respondent No.4 Abdul Gaffar Khan. The name of the petitioner was mutated in the Revenue records. The respondent no.1 on the basis of some forged document filed an application for diversion of the land including the suit land and got the diversion order on 20.4.1999 from S.D.O.Sheopur, thereafter an appeal was filed by the petitioner. On the basis of the order passed by the S.D.O respondents denied the title to the petitioner, therefore, he had no option but to file the suit for declaration and permanent injunction. During the pendency of the suit, the appeal filed before the Collector was allowed and the said order was filed by the respondents before the Commissioner and the appeal was dismissed vide order dated 12.8.2010. Thereafter,the petitioner filed revision before the Board of Revenue which was admitted and order to maintain status quo was passed. The petitioner filed a application under Order 7 Rule 14 C.P.C with the prayer to take the ordersheet, which is an interim order of the Revenue Court, on record. After hearing, the learned trial Court dismissed the application vide order dated 14.3.2012. The review petition was also dismissed vide order dated 20.6.2012.