What about Review Petition?
Querist :
Anonymous
(Querist) 08 January 2010
This query is : Resolved
On which circumstances, the Review petition is maintainable, as against the orders of a court.
Arvind Singh Chauhan
(Expert) 08 January 2010
Review is maintainable only in case of clerical or technical mistake in the order.
Querist :
Anonymous
(Querist) 09 January 2010
As I want to know about maintainablity of a Revision Petition in my case, I am hereby furnishing the details briefly:-
After obtaining a compromise decree (obtained in a suit filed for Specific Performance of an un registered Agreement of Sale), I approached Mandal Revenue Officer of the concerned, for regularization of an alienation. Basing on the said court decree, the MRO passed orders in my favour. As against the said orders, the other parties preferred a revision before the appellate authority (Revenue Divisional Officer) and the same was dismissed. Again the other party preferred a Revision Petition before the Joint Collector, which was also dismissed and confirmed the orders of MRO. Again the other parties have filed a Writ Petition before the High Court and the same was dismissed. Again the other parties preferred a Writ Appeal before the Division Bench.
The plea of the other party is that (1) no notice was served on them (2) The said compromise decree remains un executed through court. (3) there was no transfer or alienation of the properties are effected, as per an Agreement of Sale and hence the DHR is not an occupant.
The Division Bench while passing the orders has quashed all the orders passed below authorities stating that the DHR is not an occupant and hence there was no alienation or transfer was effected on the basis of an Agreement of sale.
So simply, the Division Bench has quashed all the orders and there is no comment on my rights as against the said properties. Since the order it self is silent about my rights, what I have to do to get my rights and what about my rights.
So in these circumstances, shall I have right to file a Revision Petition before the Division Bench about my rights.
So plz.clarity.
