MAHABIR RAJAK Vs. SURESH RAJAK

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners in both the civil revision applications. No body has appeared on behalf of the contesting opposite parties when both the revision applications have been called out for hearing.

(2.) BY order dated 26.03.2007 the C.R.No.1323/05 was directed to be listed alongwith C.R.No. 1325/05 and by order dated 08.05.07 both the revision applications have been admitted for hearing and are directed to be heard analogously.

(3.) THE petitioners in these revision applications are the decree holders of T.S.No. 82/63. THE learned counsels appearing in both the revision applications have very fairly conceded that the Survey Knowing Pleader Commissioner report dated 09.04.1983 submitted in Execution Case No.20/81 could not be incorporated in the final decree and cannot form part of the final decree. It is their contention that, in fact, the map which was filed alognwith the compromise petition in S.A.No. 462/67 was referred as Ext.B-1/1 and in the order dated 23.09.93 passed in the final decree proceeding the same (Ext.B-1/1) had been wrongly mentioned as the report of the Survey Knowing Pleader Commissioner in stead of the map.