Ramesh Kumar vs Deputy Director Of Consolidation ...
2014 Latest Caselaw 3931 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 14
 

 
Case :- CONSOLIDATION No. - 495 of 2014
 

 
Petitioner :- Ramesh Kumar
 
Respondent :- Deputy Director Of Consolidation Barabanki And Ors.
 
Counsel for Petitioner :- Anurag Shukla,Ashish Kumar Rastogi
 
Counsel for Respondent :- C.S.C.,Ramu Verma
 

 
Hon'ble Ram Surat Ram (Maurya),J.

The counsel for the petitioner is permitted to implead his brothers as respondents-5 and 6 in the writ petition.  Notice on behalf of respondent-1 has been accepted by the Chief Standing Counsel and on behalf of respondents-2 to 4 has been accepted by Sri Ramu Verma.

Issue notice to respondents-5 and 6.  

All the respondents are granted four weeks' time for filing counter affidavit annexing the papers showing that the land in dispute was recorded jointly in the names of Baiju and Bhure in 1332 fasli and the judgment of the suit under Section 229-B of U.P. Act No.1 of 1951 filed by the respondents.  Two weeks' time thereafter is allowed to the petitioner for filing rejoinder affidavit.

List on the date fixed in the notice.  

The counsel for the petitioner submits that suit under Section 229-B of U.P. Act no.1 of 1951 has been dismissed on merit and will operate as res judiata and claim of co-tenancy cannot be entertained.

Till the next date of listing the parties shall maintain status quo with regard to their possesison over the land in dispute.

Order Date :- 1.8.2014

mt