Hon’ble Rajiv Sharma, J.

The present petition is instituted against the judgment dated 08.08.2014, rendered by learned Board of Revenue, Nainital, Uttarakhand in Second Appeal No.49/13-14.

2. “Key facts” necessary for adjudication of this petition are that the plaintiffs/respondents herein filed a suit under Section 229B of the Z.A. & L.R. Act. The trial court framed as many as 6 issues. The Suit was decreed on 05.04.2013. Petitioner-State filed a review application before the Court of Ist Assistant Collector, Haldwani, District Nainital against the

judgment and order dated 05.04.2013. The review application was allowed on 21.06.2013.

3. Thereafter, respondents filed an appeal bearing Z.A. Appeal No.78 of 2012-13 and it was allowed on 18.12.2013, whereby, the original judgments and decree dated 05.04.2013/17.04.2013 was restored.

4. The petitioner-State filed Second Appeal No.49 of 2013-14 before the Court of Board of Revenue. The said appeal was dismissed vide judgment and order dated 08.08.2014. Hence, this writ petition.

5. It has come on the record that the predecessors of the plaintiffs/respondents were in possession of the suit land. The partition has also taken place.