JUDGMENT :

1. Heard Sri R.C. Singh, the learned Senior Counsel assisted by Sri Yogesh Kumar Singh, for the petitioners and Sri Nipun Singh, counsel for respondent nos. 12 to 22.

2. The brief facts of the case are that land pertaining of Khasara plot No.2695 area 1-1-0, Khasara Plot No.5613 area 0-18-0, Khasara Plot No. 5649 m. area-0-4-10, Kashara Plot No.5651 area 0-12-0, Khasara Plot No.5652 area 0-03-0 Khasar Plot No.5648 area 0-12-0, Khasara Plot No.5649 area 0-1-0 Khasra Plot No.5650 area 010-0, total area 4-2-0 situated at Kasba-Kandhala, Nagar Palika-Kandhala, Pargana-Kandhala, Tehsil-Kairana, District-Muzaffar Nagar (Now Shamli) belong to one Shree Ram. Land belonging to Shri Ram was also situated in village-Aldi. After death of Shree Ram names of his two sons Kishan Swarup and Surendra Swaroop were substituted and name of KishanSwaroop and Surendra Swaroop were recorded in respect to the land situated in village-Kandhala and Aldi during consolidation operation having ½ share each but later on the name of Kishan Swaroop (grand father of petitioners) was expunged from the land in dispute on the basis of decree dated 14.11.1953 accordingly petitioners’ father as well as petitioners filed a suit under Section 229-B of U.P.Z.A.&L.R. Act for declaring their share in the property in dispute on the ground that land in dispute is Sir Khud Kast ancestral property of plaintiffs as such they are entitled for the share. Defendants filed their written statement and contested the suit. Trial Court framed the issues and parties adduced evidences in support of their cases but trial court dismissed the plaintiff’s suit vide judgment and order dated 23.03.2005. Against the judgment dated 23.03.2005 passed by trial court petitioners filed an appeal before Commissioner which was heard and dismissed by Additional Commissioner vide judgment dated 29.09.2007. Petitioners challenged the judgment dated 29.09.2007 before Board of Revenue through Second-Appeal which was dismissed vide judgment dated 08.10.2012 hence this writ petition.

3. Civil Suit No.44 of 1953 Surendra Prakash vs. Sri Kishan Swaroop was decided by order dated 14.11.1953 on the basis of alleged consent of the parties. The proceeding initiated by contesting respondents in the year 1964 under Section 33/39 of U.P. Land Revenue Act on the basis of the decree of civil Court was rejected by order dated 30.05.1964 holding that amaldaramad cannot be made on the basis of civil Courts decree dated 14.11.1953.

4. This petition was entertained on 07.01.2013 and following interim order was passed :

“Heard learned counsel for the petitioners and Shri S.C. Verma, who has put in appearance on behalf of respondent no. 4. He prays for and is allowed six weeks' time to file counter affidavit.

Issue notice to respondent nos. 5 to 10, who may also file counter affidavit.

Petitioners shall take steps for service of notice on the respondents by registered post within one week. Office shall issue notices returnable at an early date.

List after service of notice on respondent nos. 5 to 10.

Considering the facts and circumstances, until further orders of this Court, parties to the writ petition are directed to maintain status quo with respect to nature and possession over the land in dispute as it exists today. Both the parties are further restrained from alienating, transferring or changing the nature of the land in dispute in any manner.”

5. In pursuance of the order of this Court dated 07.01.2013 contesting respondents have filed their counter affidavit along with an application for vacation of interim order. Petitioners have filed their rejoinder affidavit also.

6. Counsel for the petitioners submitted that no right was claimed before the Consolidation Court on the basis of the judgment of Civil Court date 14.11.1953 accordingly separate chaks were carved out in the name of Kishan Swaroop and Surendra Swaroop and final record under Section-27 of the U.P.C.H. Act was also prepared but courts below have filed