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2012 Supreme(Raj) 277

ARUN MISHRA, NARENDRA KUMAR JAIN
Rukma Devi – Appellant
Versus
Babu Lal – Respondent


Advocates Appeared
Saket Pareek, for Appellants

Hon'ble MISHRA, CJ.—There is delay of 53 days in filing the intra court appeal.

2. For the reasons mentioned in the application under Section 5 of the Limitation Act duly supported by affidavit, delay in filing the intra court appeal is condoned. The application is disposed of.

3. Heard on the question of admission.

4. The intra court appeal has been preferred questioning legality of the order dated 18.2.2011 passed by Single Bench dismissing Civil Writ Petition No.15797/2010 upholding the orders dated 6.10.2004 and 28.10.2010 passed by the Revenue Appellate Authority and Board of Revenue respectively.

5. Plaintiff-Jai Narayan had filed revenue suit No.96/1994 before the Assistant Collector, Dudu, District Jaipur, which was dismissed on 9.11.1999. Case set up by defendant-Bheru is that though patta was issued in the year 1950 in the name Ramu, father of the plaintiff and defendant, settlement parcha was issued in the name of Ramu and after his death, name of the plaintiff was mutated alongwith Bheru. However, Bheru alone had purchased the property in the year 1950 in the name of his father. Thus, actual owner/khatedar was Bheru alone.

6. The Revenue Appellate Authority vide its judgment





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