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2023 Supreme(P&H) 1688

SURESHWAR THAKUR, SUDEEPTI SHARMA
Krishan – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
For the Parties : Mr. Ravi Dutt Sharma, Mr. Ankur Mittal AAG, Haryana, Mr. Saurabh Mago DAG, Haryana, Mr. Rakshit Gupta, Mr. Rakesh Gupta, Mr. Priyavrat Prashar

Judgment

Mr. Sureshwar Thakur, J.

One Bhan Singh instituted an application under Section 7(2) of the Punjab Village Common Lands (Regulation) Act, 1961 (for short ‘the Act of 1961’) impleading thereins the encroachers, upon the pandhayat land(s) concerned. On the said application, a decision was made on 24.9.1997 (Annexure P-5), whereby the present petitioners, respondents therein were ordered to be evicted from the petition land(s).

2. The aggrieved judgment debtors filed thereagainst an appeal bearing No. 3/97/A. However, on the said appeal, a decision adversarial to the petitioners became recorded on 30.8.2000 (Annexure P-6).

3. Being aggrieved from Annexure P-6, the petitioners instituted a revision petition before the Revisional Court concerned. However, the said revision petition became dismissed in default thus through an order made thereons, on 9.5.2008 (Annexure P-7).

4. Since the dismissal in default of the revision petition (supra) did not result in the said order becoming strived to be recalled, nor when the said dismissal in default of the revision petition (supra) became challenged before this Court. Consequently, binding and conclusive effect rather is acquired by the

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