S.K.Singh, J. - (1.) Challenge in this petition is the judgment of the Deputy Director of Consolidation dated 5.10.2001 by which revision filed by the petitioner has been dismissed and that of the Settlement Officer, Consolidation dated 10.5.1999 by which appeal filed by the opposite party has been allowed.
(2.) Proceedings are under section 9-A(2) of U.P.C.H. Act which is in respect to adjudication of rights and title between the parties. After hearing learned Counsel for the petitioner and learned Counsel who appears for the respondent there appears to be dispute about certain facts and therefore, their brief mention will be sufficient for disposal of the matter.
(3.) Before the Consolidation Officer two objections came to be filed, first by the petitioner and other by the respondent. It is said that both objections were dismissed in default on 23.5.1996. Petitioner filed recall application which is said to be pending. In the meantime opposite party filed appeal before the Settlement Officer, Consolidation against the order of Consolidation Officer dismissing the objection in default. Another appeal was filed in respect to the land of other Khata against the order of the Assistant Consolidation Officer on 14.9.1993. Both the appeals were consolidated and were allowed by the judgment dated 10.5.1999 and the claim of the opposite party (appellant before the Appellate Court) was finally allowed and their claim was accepted. Order of Settlement Officer Consolidation has been confirmed by the Revisional Court.;