HANUMAN Vs. THE BOARD OF REVENUE RAJASTHAN

JUDGEMENT

(1.) This writ petition is directed against the order dated 7.9.15 of the Board of Revenue Rajasthan, Ajmer whereby an appeal preferred by the petitioners against the order dated 11.5.07 passed by the Revenue Appellate Authority, Nagaur setting aside an ex -parte decree dated 8.9.03 passed by the Sub -Divisional Officer, Parbatsar, District Nagaur in Revenue Suit No. 116/01, stands dismissed.

(2.) The petitioners herein preferred a suit for correction in the record, declaration and permanent injunction in respect of the land measuring 40/ bighas comprising Khasra No. 514 to 518 situated at Village Bhakri Maulas. The suit preferred by the petitioners was decreed by the Sub -Divisional Officer, Parbatsar vide judgment and decree dated 8.9.03 ex -parte. Aggrieved thereby, the respondents preferred an appeal before the Revenue Appellate Authority, Nagaur, which was allowed vide judgment and decree dated 11.5.07 and the ex -parte judgment & decree dated 8.9.03 passed by the Sub - Divisional Officer, Parbatsar was set aside and the matter was remanded to the Sub -Divisional Officer for deciding afresh after giving opportunity of hearing to the parties. Aggrieved by the judgment and decree dated 11.5.07 passed by the Revenue Appellate Authority, Nagaur, the petitioners preferred second appeal before the Board of Revenue Rajasthan, Ajmer, which has since been dismissed by the order impugned. Hence this petition.

(3.) Learned counsel appearing for the petitioners contended that the Revenue Appellate Authority has erred in entertaining the appeal filed after a lapse of about three years.