NATHURAM AND ORS. Vs. BARSINGHARAM AND ORS.

JUDGEMENT

(1.) BY way of filing present writ petition, petitioners are challenging the impugned order dt. 24.05.2001 (Annexure -4) passed by Board of Revenue and prayed for confirming the judgment dt. 26.08.1993 passed by the Additional Commissioner, Jodhpur in an appeal filed by the petitioners.

(2.) ACCORDING to the facts narrated in the writ petition, one Kishorilal Paliwal was the khatedar of the land situated in khasra No. 1460 measuring 48 bighas 11 biswas in village Mandla, Tehsil Phalodi, District Jodhpur. The petitioners are sons of late Kishorilal Paliwal and after his death, being his successors they became owner of the aforesaid land.

(3.) AGAINST the said judgment dt. 06.05.1989 passed by Sub -Divisional Officer, Phalodi -petitioners further preferred an appeal before the Additional Commissioner, Jodhpur in which notices were issued to the non -petitioners and after hearing both the parties, the appeal was accepted vide judgment dt. 26.08.1993 and case was remitted to the Sub -Divisional Officer, Phalodi with the direction that after recording the evidence of both the parties, more particularly, the sale deed which is said to be executed by late Kishorilal Paliwal in favour of respondents Nos.1 and 2, the matter may be decided afresh.