- (1.) THE plaintiff of the revenue suit bearing number 150/1980, has filed this writ petition essentially for being aggrieved of the judgment and decree dated 16.07.1996 as passed in Appeal No.89/93/Decree/TA/Chittorgarh whereby the Board of Revenue for Rajasthan at Ajmer ('the Board of Revenue') allowed the appeal filed by the legal representatives of the original defendants and, while setting aside the judgment and decree dated 22.07.1993 as passed by the Revenue Appellate Authority, Udaipur ('the RAA') in Appeal No. 138/1981, restored the order dated 12.06.1981 as passed by the Assistant Collector, Chittorgarh whereby the suit was dismissed as being barred by limitation.
(2.) WHILE scanning through the record, for the position as has been noticed in regard to array of parties, this Court is clearly of the view that the petitioner is not entitled now to any relief in this writ petition; and no order or direction can be issued in his favour for the judgment and decree as passed by the Board of Revenue having inseparably become final in relation to one of the defendants to the suit. It is noticed that the present petitioner Gopi Lal filed the revenue suit aforesaid leading to this writ petition against two defendants namely, Bhera son of Pratap Bheel and Mst. Jhamku daughter of Pratap Bheel, wife of Daya Ram Bheel. As noticed, the Assistant Collector dismissed the suit as being barred by limitation on 12.06.1981. The RAA ultimately allowed the appeal filed by the plaintiff-petitioner on 22.07.1993 and decreed the suit. Before the RAA, the arrayed respondents were Bhera son of Pratap Bheel, i.e., the defendant No. 1; and Nola son of Daya Ram Bheel and Mangu son of Daya Ram Bheel, both of them being the legal representatives of the defendant No. 2 Smt. Jhamku, wife of Daya Ram Bheel. The judgment and decree so passed by the RAA were questioned before the Board of Revenue in Appeal No.89/93/Decree/TA/Chittorgarh by the said three respondents i.e., the defendant No.1 and the legal representatives of defendant No.2. It appears that during pendency of the appeal before the Board of Revenue, the defendant No.1, Bhera son of Pratap Bheel also expired and his legal representatives namely, Naru (son) and Kanku (wife) were taken on record as appellants Nos. 1/1 and 1/2. On 16.07.1996, the Board of Revenue allowed the appeal and dismissed the suit. It further appears that a review petition was filed by the present petitioner before the Board of Revenue that was considered and dismissed on 25.11.1997. The persons who had been the appellants in the main appeal were arrayed as the non-petitioners in the said review petition before the Board of Revenue.
(3.) IN the present petition against the judgment and decree dated 16.07.1996 as passed by the Board of Revenue, the plaintiff-petitioner has arrayed the State of Rajasthan through the Collector, the Board of Revenue, the RAA and the Assistant Collector as respondents Nos. 1 to 4 respectively; Naru son of Bhera Bheel and Smt. Kanku wife of Bhera Bheel as respondents Nos. 5 and 6 respectively; and Nola son of Daya Ram Bheel and Mangu son of Daya Ram Bheel as respondents Nos. 7 and 8 respectively.;