Nattha And Others vs District Judge Unnao And Others
2022 Latest Caselaw 4351 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 

 
Case :- WRIT - C No. - 1002589 of 1999
 

 
Petitioner :- Nattha And Others
 
Respondent :- District Judge Unnao And Others
 
Counsel for Petitioner :- Modh. Saeed
 
Counsel for Respondent :- Chief Standing Counsel,K.K.Singh
 

 
Hon'ble Pankaj Bhatia,J.

The present petition arises out of an order whereby the issue no.2 was decided in favour of the plaintiff and against the defendant.

The suit was decided granting a decree of permanent injunction restraining the defendants therein from interfering in the land in question and not to disturb the possession of the plaintiff. In the said suit after the filing of written statement issue no.2 was framed as to whether the suit was barred and would not be cognizable in view of the bar created under Section 49 of the U.P. Consolidation of Holdings Act. The Civil Judge vide his order dated 04.02.1999 decided on the basis of the judgments that the suit would lie before the Civil Court. A revision was preferred against the said order that too was dismissed holding that it was the Civil Court, which would have the jurisdiction.

Considering the nature of the reliefs sought in the plaint, which is on record, I do not see any error in the orders passed by the civil Court as well as the revisional Court.

No interference is called for in the writ jurisdiction. The writ petition lacks merit and is dismissed.

Order Date :- 26.5.2022

nishant