KHINYA RAM Vs. UMA RAM

JUDGEMENT

(1.) THIS intra -Court appeal by the defendant in a revenue suit for division of holdings is directed against the order dt. 14.11.2002 as passed by the learned Single Judge of this Court in CWP No.5695/1994.

(2.) BY the impugned order, the learned Single Judge allowed the writ petition and in consequence, while setting aside the order passed by the Board of Revenue for Rajasthan, Ajmer ('the Board'/'the Board of Revenue') as second appellate Court, decreed the suit filed by the plaintiff respondent No.1 and passed the preliminary decree for partition in his favour alongwith the respondent No.5 Girdhari to the extent of 1/3rd share in the suit property. The concluding paragraph of impugned order reads as under: -

(3.) THE plaintiff -respondent No.1 Uma Ram i.e., son of Dursa Ram and grandson of Jeewan, filed a suit, out of which this intra -Court appeal arises, before the Revenue Court (SDO, North Bikaner) being Revenue suit No.84/78 against his brother Girdhari and against Moda Ram (since dead) s/o Ram Chandra, Khinya Ram and Hema Ram (since dead) Ss/o Khuma Ram claiming right, title and interest in the land bearing khasra No.66 and khasra No.106 at village Bachhasar, Tehsil Bikaner. So far the present matter is concerned, it now remains confined only with the land bearing khasra No.66 inasmuch as the learned counsel for the parties submit ad idem that the dispute regarding the land bearing khasra No.106 has already been settled.