JUDGEMENT
RAM SURAT RAM (MAURYA), J. -
(1.) Heard Sri Ajay Kumar Singh for the
petitioners and Sri Jitendra Sarin for the caveator.
(2.) The writ petition has been filed against the order of Board of Revenue dated 15.7.2016 by which revision was allowed, order of trial court dated
6.2.2016 was set aside and the matter was remanded to the trial court to decide the points relating to maintainability of the suit after obtaining
report from Tehsildar within a period of three months and the parties
were directed to maintain status quo till 12.8.2016.
(3.) A preliminary objection has been raised by the counsel for the caveator that the petitioners have not come to this Court with clean
hands inasmuch as they have filed a report of Lekhpal dated 14.9.2015 as
Annexure -16 to the writ petition by making interpolation in it. The
report was filed in the court on 3.10.2015 and the court has made an
endorsement in the margin of the report for taking the report on record
but the endorsement made by the court dated 3.10.2015 was rubbed out in
order to show that report was submitted on 14.9.2015 although actually it
was filed in the court on 3.10.2015.;
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