NAVIN BHANSALI Vs. ASLAM MEHAR

JUDGEMENT

(1.) This contempt petition has been filed by the petitioner alleging deliberate disobedience of order dated 22.05.2006 passed by this Court in S.B. Civil Writ Petition No. 2479/2006 by respondent ­ Revenue Appellate Authority, Jodhpur ('RAA'). One Smt. Bhikhi Devi filed suit under Sections 88, 89, 53 and 183 of the Rajasthan Tenancy Act, 1955 ('the Act') against Bhanwar Lal, Ganpat Lal, Likhma Ram, Prem Sukh, Pukhraj and Jai Singh seeking declaration that she had 4/5 share in the land comprised in Khasra No. 149 ad measuring 173 Bigha 15 Biswa situated at village Chopasani Jagir, partition by metes and bounds etc.

(2.) The plaint was rejected by order dated 26.10.1998 passed by S.D.O., Jodhpur, against which, an appeal was filed by Bhikhi Devi before the RAA, which was dismissed in default on 17.04.2001 as Smt. Bhikhi Devi expired on 09.03.2001 and her heirs did not come on record.

(3.) A restoration application filed by Kan Singh alias Kana Ram, claiming himself to be adopted son of Bhikhi Devi/Durga Ram, was accepted by the RAA, however, the appeal came to be rejected on merits by order dated 30.07.2003.