BODAN Vs. BOARD OF REVENUE

JUDGEMENT

(1.) This writ petition is directed against the judgment dtd. 14/6/2010 passed by the Board of Revenue Rajasthan, Ajmer (for brevity, 'Board of Revenue') in appeal no.10604/2008 whereby, while allowing an application filed by the respondent no.3/appellant/defendant (for brevity, 'appellant') under Order 22 Rules 4 and 9 read with Sec. 151 CPC, abatement was set aside and appeal was restored to its original number taking on record the legal representatives of deceased respondent no.1 Shri Nonda (for brevity, 'plaintiff') therein.

(2.) The relevant facts in brief are that the plaintiff filed a suit for declaration and permanent injunction against the appellant which came to be dismissed by the Court of Assistant Collector, Behror vide judgment and decree dtd. 22/1/1977. The appeal preferred thereagainst by the plaintiff came to be allowed by the Revenue Appellate Authority, Alwar vide its judgment and decree dtd. 12/9/1977. The appeal preferred thereagainst by the appellant came to be allowed by the Board of Revenue vide judgment and decree dtd. 22/10/1984. The writ petition no.1074/1985 preferred thereagainst by the legal representatives of the plaintiff (for brevity, 'petitioners') was allowed by this Court vide judgment dtd. 4/2/2000 holding that since, the plaintiff has expired during pendency of the appeal before the Board of Revenue and his legal representatives were not brought on record, decree against him could not have been passed. Therefore, the judgment and decree dtd. 22/10/1984 were set aside restoring the judgment and decree dtd. 12/9/1977 passed by the Revenue Appellate Authority. The D.B. Civil Special Appeal (Writ) No.820/2000 preferred thereagainst as also the review petition no.77/2003 both filed by the appellant were dismissed by a Division Bench of this Court vide its orders dtd. 13/9/2002 and dtd. 5/9/2008 respectively.

(3.) Referring to the judgment of the learned Single Judge dtd. 4/2/2000 passed in S.B. Civil Writ Petition No.1074/1985 and the orders dtd. 13/9/2002 and dtd. 5/9/2008 passed by a Division Bench of this Court dismissing the special appeal and review petition respectively preferred by the appellant, learned counsel for the petitioners submits that since, the judgment and decree dtd. 22/10/1984 passed by the Board of Revenue were set aside restoring the judgment and decree of the Revenue Appellate Authority, the Board of Revenue erred, vide judgment impugned dtd. 14/6/2010, in allowing the application filed by the appellant under Order 22 Rules 4 and 9 read with Sec. 151 CPC. He, therefore, prays that the writ petition be allowed and the judgment impugned dtd. 14/6/2010 be quashed and set aside.