Dinesh Maheshwari, J. - (1.) Having heard the learned counsel for the petitioners and having perused the material placed on record, this Court is unable find any reason to consider interference in the order dated 08.01.2003 (Annex.8) as passed by the Board of Revenue for Rajasthan, Ajmer ('the Board') in Appeal Decree No.93/95/Pali; and in the order dated 05.06.2008 (Annex.9) as passed by the Board in Review Application No.1487/03/Pali. The revenue suit filed by the petitioners under Section 88 and 188 of the Rajasthan Tenancy Act, 1955 came to be dismissed by the learned Trial Court on 18.10.1993; but the appeal taken to the Revenue Appellate Authority, Pali was allowed on 30.12.1994 and the suit was decreed. The judgment and decree dated 30.12.1994 were challenged by the defendant State of Rajasthan in second appeal before the Board.
(2.) During the pendency of the second appeal, private respondents, said to be the concerned villagers, were ordered to be impleaded as parties by the order dated 28.01.2002 (Annex.7). It appears that certain documents were filed under Order 41 Rule 27 Civil Procedure Code and the same, having been considered relevant and necessary for just disposal of the matter, were taken on record by the order dated 05.04.2002.
(3.) While deciding the appeal on 08.01.2003, the learned Members of the Board have referred to the documents produced in appeal and found questionable the rights as asserted by the plaintiffs. However, while partly allowing the appeal, the learned Members of the Board have directed sending of the original documents as filed under Order 41 Rule 27 Civil Procedure Code to the Trial Court; and have issued directions that after examining the documents and extending an opportunity of hearing to both the sides, the matter be decided in accordance with law. It appears that against the order dated 08.01.2003 the petitioners chose to prefer a review application before the Board that has been decided after about five years and the Board, by its order dated 05.06.2008, has found no error apparent on the face of record so as to call for a review.;