LRS OF NENA RAM Vs. BOARD OF REVENUE

JUDGEMENT

(1.) This writ petition is filed by the petitioners being aggrieved with the order dtd. 12/8/2021 passed by the Board of Revenue, Ajmer (for short 'the Board of Revenue') whereby, the revision petition No.79/2021 filed by the petitioners has been dismissed. The said revision petition was filed by the petitioners being aggrieved with the order dtd. 5/2/2020 passed by the Sub Divisional Officer, Balotra (for short 'the Sub Divisional Officer') whereby, the application preferred on behalf of the petitioners under Sec. 151 and 152 CPC seeking correction in the order dtd. 24/8/2012 has been dismissed.

(2.) Brief facts of the case are that the respondent No.2 has filed a suit for partition and permanent injunction before the Assistant District Collector, Balotra in the year 2007. In the said suit, a preliminary decree was passed by the Sub Divisional Officer vide judgment dtd. 24/8/2012 declaring that the respondent No.2 is entitled to one-third share of the land in question, for which, the suit for partition was filed. A further direction is also issued against the defendant Nos.2 to 8 not to interfere in the peaceful possession of the share of the plaintiff.

(3.) The first appeal against the judgment dtd. 24/8/2012 passed by the Sub Divisional Officer was dismissed by the Revenue Appellate Authority, Barmer vide judgment dtd. 22/4/2016 and the second appeal was also dismissed by the Board of Revenue vide judgment dtd. 24/5/2017. It is informed by the counsel for the petitioners that against rejection of the second appeal by the Board of Revenue, the petitioners have filed a writ petition before this Court and the same is pending consideration.