JUDGMENT

K.S. Jhaveri, J. - By way of this appeal, the appellants have challenged the judgment and order of the learned Single Judge whereby the learned Single Judge has dismissed the petition and confirmed the order passed by all the authorities SDO, RAA and Board of Revenue.

2. Counsel for the appellants contended that this Court issued notice on 5th December, 2007 and while allowing the application under Order 41, Rule 27 CPC passed the following order:-

"By the application (25861 dated 27.8.2007), the appellants pray for taking on record the following documents:

(i) The copy of the application dated 23rd August, 2007 made by the appellants before the Public Information Officer, Jaipur;

(ii) Receipt dated 23rd August, 2007 issued by the Settlement Department;

(iii) The letter dated 25th August, 2007 issued by the Additional Commissioner, Settlement Jaipur-cum-Public Information Officer, Jaipur; and

(iv) The copy of the Circular dated 6.12.1989.

2. The Additional Government Advocate has no objection if the aforesaid documents are taken on record for consideration in the appeal.

3. The application is, accordingly, granted. The afore-referred documents are taken on record.

4. The office shall place these documents at an appropriate place in the file of the special appeal.

5. Application (25861 dated 27th August, 2007) stands disposed of."

3. While admitting the matter, this Court has observed as under:-

"We heard Mr. K.K. Mehrishi, senior counsel for the appellant and Mr. B.L. Awasthi, Additional Government Counsel. We also perused the communication dated 25.8.2007 sent by the Additional Settlement commissioner to appellant No. 1 stating therein that the erstwhile khasra no. 13 (admeasuring 23 bigha 19 biswa) as recorded in bandobast Samvat-Year 2015-2034 is now Khasra No. 15.

2. The matter requires consideration.

3. Hence, admit.

4. Mr. B.L. Awasthi, Additional Government Counsel waives service for respondents No. 1 to 5.

5. The ad-interim order dated 5th February, 2007 shall remain operative until disposal of appeal."

4. Counsel for the appellants has taken us to the order of learned Single Judge and contended that the learned Single Judge has summarily dismissed the matter on 7.1.2007 which was filed in 2000 contrary to order passed by previous bench on 9th November, 2006 which reads as under:-

"Learned Deputy Government Advocate is directed to place on record the revenue record pertaining to old Khasra No. 13 situated at Village Beed Papad, Tehsil and District Jaipur and corresponding record of the new Khasra numbers altered in pursuance of the settlement operation conducted in the Samwat Year 2015 including the Milan Kshetraphal."

5. Counsel for the appellants have also taken us to the earlier order of the learned Single Judge dated 9th January, 2007 which reads as under:-

"S.D.M. Jaipur lists as directed to remain present in present court on 17.1.2007 in compliance of the order dated 9.11.2006.

Ld. Dy. G.A. shall inform the concern the office."

6. Counsel for the appellants have contended that in view of ground F which reads as under:-

"F. Because the plaintiff petitioners have also proved by the production of the certified copy of Khatoni Settlement of Samwat Year 2015 to 34 (Annexure No. 14) that during the year 2015 new settlement had taken place in the village of Tehsil, Jaipur and during settlement old Khasra No. 13 of village Beed Papad had been given new Khasra No. 15 and subsequently Khasra NO. 15 had been split into two Khasra Nos. namely 15/1 & 15/2. The petitioners had made herculine efforts to obtain the certified copies of the Milan Kshtrefal of the disputed lands by submitting applications dated 17.6.94 (Annexure No. 6), 28.5.94 (Annexure No. 7) and application dated 19.5.94 (Annexure No. 10) but it was reported that the said documents were not available in the old land records and as such the same could not be produced and petitioners cannot be held responsible for not producing the Milan Kshtrefal of dispu