RATANLAL Vs. BABULAL

JUDGEMENT

(1.) This writ petition under Art. 227 of the Constitution of India has been filed against the order dtd. 18/3/2020 passed by the Board of Revenue Rajasthan, Ajmer (for brevity 'the Board') whereby the second appeal preferred by the respondents/plaintiffs no.1 to 7 (for brevity 'the plaintiffs') against the judgment dtd. 29/2/2008 passed by the Revenue Appellate Authority in appeal no.26/2007 affirming the judgment and decree dtd. 25/1/2007 passed by the Court of Sub Divisional Officer, Alwar, has been allowed and the matter has been remanded back to the trial Court for decision afresh.

(2.) Learned counsel for the petitioners/defendants submitted that they have purchased the land in question through registered sale deed dtd. 3/5/2000 from its recorded khatedar, i.e., father of the plaintiffs and to defeat their rights, collusive suit for declaration and permanent injunction came to be filed against them. Learned counsel submitted that the Court of SDO, Alwar, vide its judgment and decree dtd. 25/1/2007, dismissed the suit in the spirit of Lak Adalat. He submitted that the first appeal preferred by the plaintiffs met with unsuccess; but, the Board erred in accepting the second appeal on the premise that the learned trial Court erred in deciding the contested suit in Lok Adalat Camp that too without settling the issues. He submitted that since the suit was dismissed in the spirit of Lok Adalat, the Baord should not have interfered in the matter. Learned counsel, relying upon the judgments of Hon'ble Apex Court of India in cases of Sugandhi (Dead) by Lrs. and Anr. Vs. P. Rajkumar Rep. by his Power Agent Imam ON: AIR 2020 Supreme Court 5486, Sambhaji and Ors. Vs. Gangabai and Ors.: AIR 2008 SC (Supp) 767 and Lisamma Antony and Anr. Vs. Karthiyayani and Anr.: AIR 2015 SC (Supp) 1147, submitted that the procedure is handmaid of justice and the same should not come in way for imparting substantial justice. He, therefore, prayed that the order impugned be quashed and set aside.

(3.) Heard the learned counsel for the petitioners and perused the record.