VIJAY Vs. GHANSHYAM

JUDGEMENT

(1.) A joint revenue suit was initially filed by two maternal uncle of the appellant against the present respondent Ghanshyam and the legal representative of Ram Ji Lal S/o Raghunath as defendant in the suit.

(2.) IT will be relevant to quote the description of the subject land for which the revenue suit for declaration and permanent injunction came to be filed in the Court of Assistant Collector, Lalsot, District Dausa bearing Khasra No. 150 measuring 3 biswa; Khasra No. 151 measuring 7 biswa; Khasra No. 153 measuring 26 bigha 10 biswa total 27 bigha in Gram Dehlal Tehsil Lalsot. It was pleaded in the revenue suit that subject land belongs to Joint Hindu Family and each of them is entitled to their equal share but it reveals from the record that the present respondent appeared before the Court of Assistant Collector, Lalsot on the date fixed but as regard the present appellant is concerned, the order came to be passed on 5.6.2013 for closing of their right to file written statement and initiated ex parte proceedings against them and his case was that it was not in their notice about the date on which the order dt. 5.6.2013 came to be passed forfeiting their right of filing written statement and the suit came to be decided vide judgment & decree dt. 19.6.2013 which traveled upto Board of Revenue in appeal preferred u/S. 224 of the Rajasthan Land Revenue Act and that came to be decided vide order dt. 29.5.2014 and the judgment & decree dt. 19.6.2013 and so also the order passed in first appeal by the RAA dt. 16.1.2014 were set aside and the matter was remitted back to the Assistant Collector, Dausa & who was called upon to decide the matter afresh in accordance with law.

(3.) THE appellant still approached this Court by filing writ petition with the grievance that the matter is remitted back to Assistant Collector, Dausa but in absence of any interim protection being granted in regard to the subject land in question, third party rights will be created and they will be deprived of their share entitled for under the law.