Sangeet Lodha, J. - (1.) This writ petition is directed against the order dated 13.8.2003 of the Board of Revenue Rajasthan, Ajmer, whereby the revision petition preferred by the private respondents herein, questioning the legality of order dated 20.7.2001 passed by the Assistant Collector, Bhadra in Revenue Suit No. 168/1993, permitting the withdrawal of the application seeking decision of the suit in terms of compromise arrived at between the parties, has been allowed.
(2.) The relevant facts are that the petitioner filed a suit for declaration and division of holding in the Court of Assistant Collector, Bhadra on 12.7.1993, in respect of land measuring 13.16 bighas comprising Chak No. 1 BRW. The petitioner claimed that the land was allotted-to his deceased father Ramjilal and Ganpat, the real brothers, and thus, each were having 1/2 share in the land, however, Ganpat executed a Will in favour of the petitioner and got it registered. After death of Ganpat, respondents No. 1 to 5 herein, got the entire land mutated in their names. The petitioner claimed that he alone was entitled to get the land mutated in his name.
(3.) During the pendency of the suit, a compromise entered into between the parties was placed on record and it was prayed that the suit may be decreed in terms of the compromise. The compromise was attested but the suit was not decreed in terms of the compromise arrived at and it remained pending. Later, the petitioner filed an application on 18.10.1995, seeking leave to withdraw the application seeking decision of the suit in terms of compromise arrived at, stating that the compromise was got executed by the respondents herein, by misrepresentation and committing fraud. The application was allowed by the Assistant Collector, Bhadra, vide order dated 20.7.2001 and the application seeking decision of the matter in terms of the compromise was rejected.;