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2023 Supreme(Raj) 1480

ANOOP KUMAR DHAND
Ramsahay – Appellant
Versus
Shyopyari Devi – Respondent


Advocates appeared:
Mr. RK Mathur, Sr. Advocate, with Mr. Aditya Kiran Mathur, for the Appellant; Mr. Saurabh Bhandari, Mr. Arun Singh Shekhawat, Mr. Saparsh Bansal for Mr. Akshay Sharma, AGC, Mr. Aditya Matoli & Mr. Daulat Sharma, for the Respondent.

ORDER

1. This petition arises from the judgment dated 15.12.2022 passed by the Board of Revenue (for short 'the Board') by which the appeal filed by the respondents has been allowed and the judgment and decree dated 28.10.2014 passed by the Revenue Appellate Tribunal, Jaipur (for short 'the RAA') has been quashed and set aside and the matter has been remanded back to decide the same afresh while recording finding on every each issues involved in the matter.

2. Learned counsel for the petitioner submits that while passing the judgment and decree dated 28.10.2014, the RAA has recorded a cogent finding on issue Nos.1 to 3. Counsel submits that the RAA has passed the judgment dated 28.10.2014, after appreciating the evidence available on the record and the same has been quashed by the Board erroneously, on the technical count that RAA has not decided the appeal by formulating the issues and point wise consideration in terms of Order 41 Rule 31 CPC and there was no occasion or reason available with the Board to remand the matter back to the RAA for rewriting of the judgment. Counsel submits that the entire evidence and material was available with the Board and the Board itself could have

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