PANKAJ BHANDARI,J. - (1.) The petitioners have moved this revision petition aggrieved by order dated 24.10.2016, vide which the application filed by the petitioner under Order 7, Rule 11 CPC has been rejected.
(2.) It is contended by counsel for the petitioners/defendants that in the earlier litigation filed by the petitioners, which was a suit for declaration of the khatedari rights, their suit was decreed and the appeal filed by the plaintiffs-Mahaveer and Naval Kishore was allowed. The second appeal preferred by the petitioners was dismissed by the Board of Revenue, against which a writ petition was preferred by the petitioners, which was allowed and the suit was decreed. The appeal preferred before the Division Bench against the said order was also dismissed and the order was upheld upto the Hon'ble Supreme Court.
(3.) It is also contended by counsel for the petitioners that in the earlier litigation, the learned Single Judge observed that the proper remedy for the appellants (plaintiffs in the case) was to approach the civil court for the purpose of establishing their easementary rights.;