UMAKANT SHARMA Vs. OM PRAKASH SHARMA

JUDGEMENT

(1.) An independent and efficient judiciary is the bedrock of any democracy. In India, the increasing complexity of legal disputes, burgeoning caseloads and evolving dimensions of justice delivery have necessitated continuous judicial education. A robust, independent and efficient judiciary is indispensable to a functioning democracy. In India, the judiciary and quasi judicial authorities play a pivotal role in upholding the Constitutional value, thereby safeguarding rights and ensuring justice. However, with increasing caseloads, the emergence of complex issues and fast-changing socio-economic landscape, the role of a Judicial Officer or a Presiding Officer has evolved far beyond traditional legal interpretation. Such Officers are often required to interpret and apply laws that are not only voluminous but also dynamic.

(2.) This Court is constrained to observe that the instant case is a classic and glaring textbook example of obstination exhibited by the Revenue Courts, who often overlook and bypass the procedure laid down for deciding the suit, and then they also justify their in-action for doing so.

(3.) In the instant writ petition, a challenge has been led to the impugned order dtd. 2/7/2021 passed by the Sub Divisional Officer, Mahwa, District Dausa (for short, 'the SDO') by which a suit for partition and permanent injunction filed by the plaintiff- respondent- Om Prakash (hereinafter referred to as "the plaintiff")has been decreed without framing the issues and also without recording the evidence of both sides. The aforesaid order was assailed by the defendant-petitioner (hereinafter referred to as 'the defendant') before the first and second Appellate Court by way of filing first and second appeal, however the same were also rejected by the Revenue Appellate Authority (for short, 'the RAA') and the Board of Revenue (for short, 'the Board') vide judgments dtd. 7/12/2021 and 11/11/2024 respectively.