ONKAR SINGH Vs. SURENDRA SINGH AND ORS

JUDGEMENT

(1.) /ORDER - Heard learned counsel for the parties. Perused the material available on record.

(2.) Facts in brief are that the civil suit for declaration of rights, division of holding and recovery of possession was filed by the respondent Surendra Singh in the court of SDO, Suratgarh. The petitioner being the defendant in the suit moved an application under Order 7, Rule 11 CPC craving dismissal thereof.

(3.) Learned SDO Suratgarh accepted the application and dismissed the suit vide order dated 20.3.2001. The respondent Surendra Singh assailed the said order by filing an appeal before the Revenue Appellate Authority, Sriganganagar who, vide order dated 18.3.2002 accepted the appeal and set aside the order dated 20.3.2001 passed by SDO Suratgarh. The petitioner preferred a second appeal before the Board of Revenue for challenging the order passed by the Revenue Appellate Authority. The Board of Revenue dismissed the second appeal filed by the petitioner vide order dated 2.6.2010. These two orders i.e. the order dated 18.3.2002 passed by Revenue Appellate Authority, Sriganganagar and the order dated 2.6.2010 passed by the Board of Revenue are under challenge in this writ petition.