REBECCA EXPO INVESTMENT CO. PVT. LTD. Vs. NATHULAL

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner- defendant No.5 challenging the order dt.11.09.2019 passed by the Board of Revenue, whereby revision petition of the petitioner against the order dt.17.01.2019 passed by the Revenue Appellate Authority, Jaipur, has been dismissed.

(2.) Mr. R.K. Agrawal, Sr. Adv. submitted that the SDO-I, Jaipur vide its order dt.05.08.2016 decided the temporary injunction application filed under Section 212 of the Rajasthan Tenancy Act, 1955 read with Order 39 Rule 1 and 2 CPC. Counsel submitted that the said order was passed behind the back of the petitioner- company and as such the petitioner-company had filed an appeal before the Revenue Appellate Authority (in short "RAA") and the appeal came to be dismissed vide order dt.17.01.2019 by the RAA and the delay in filing appeal was not condoned while deciding the application, filed under Section 5 of the Limitation Act.

(3.) Learned Sr. Adv. submitted that the petitioner-company had filed revision petition before the Board of Revenue and the Board of Revenue on 08.07.2019 admitted the revision petition for hearing and also found that the delay was properly explained by the petitioner-company while filing the appeal before the RAA against the order of the SDO-I, Jaipur dt.05.08.2016.