BANSHI Vs. BOARD OF REVENUE, AJMER AND OTHERS

JUDGEMENT

(1.) This petition has been filed against the judgment dated 13-12-2013 passed by the Board of Revenue Ajmer (hereinafter 'the Board') in Revision Petition No. 5525/2012. Counsel for the petitioner has submitted that by the impugned order dated 13-12-2013 the Board has effectively allowed for a situation for alteration in the shares determined under preliminary decree dated 31-3-1986 as rectified at the instance of plaintiff on 12-10-1987 in a partition suit, which has attained finality as no appeal under Section 97 CPC was filed thereagainst as in fact none could be as it was a compromise decree. He submits that the observations of the Board in para 13 of its judgment entails taking away the finality of the obtaining preliminary decree dated 31-3-1986 without any supervening circumstances which justify variations in shares/rights of the parties to the partition suit. It is submitted that the observations of the Board in para No. 13 of the judgment dated 13-12-2013 be set aside and the trial court be directed to pass a final decree in terms of the compromise preliminary decree dated 31-3-1986 as rectified on 12-10-1987, over 28 years ago.

(2.) Mr. R.K. Mathur Senior Counsel appearing with Mr. Aditya Mathur on behalf of respondents submits that the Board in para No. 15 of the judgment dated 13-12-2013 has only stated that events subsequent to passing of preliminary decree dated 31-3-1986 as rectified and pending applications for modification be taken into consideration while passing the final decree. He submits that as a period of 28 years has elapsed subsequent to passing of preliminary decree dated 31-3-1986 various events have taken place which need to be reflected in the final decree. Senior Counsel submits that there is no occasion for this court to interfere with the impugned judgment dated 13-12-2013 passed by the Board.

(3.) Heard counsel for the parties and perused the material available on record including the impugned judgment dated 13-12-2013 in Revision Petition No. 5525/2012/Jaipur.