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2016 Supreme(Raj) 805

SANGEET LODHA
LRs of Duni Ram – Appellant
Versus
LRs of Shyo Nand – Respondent


Advocates Appeared:
For the Petitioner:Mr. Gopal Acharya, Advocate.
For the Respondent:Mr. S.G. Ojha, Advocate.

JUDGMENT :

Sangeet Lodha, J.

This writ petition is directed against the order dated 13.8.2003 of the Board of Revenue Rajasthan, Ajmer, whereby the revision petition preferred by the private respondents herein, questioning the legality of order dated 20.7.2001 passed by the Assistant Collector, Bhadra in Revenue Suit No. 168/1993, permitting the withdrawal of the application seeking decision of the suit in terms of compromise arrived at between the parties, has been allowed.

2. The relevant facts are that the petitioner filed a suit for declaration and division of holding in the Court of Assistant Collector, Bhadra on 12.7.1993, in respect of land measuring 13.16 bighas comprising Chak No. 1 BRW. The petitioner claimed that the land was allotted-to his deceased father Ramjilal and Ganpat, the real brothers, and thus, each were having ½ share in the land, however, Ganpat executed a Will in favour of the petitioner and got it registered. After death of Ganpat, respondents No. 1 to 5 herein, got the entire land mutated in their names. The petitioner claimed that he alone was entitled to get the land mutated in his name.

3. During the pendency of the suit, a compromise entered into between










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