WPMS/1029/2021
2021 Latest Caselaw 3274 UK

                Office Notes,
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                                  IA No. 3 of 2021
                                  In
                                  WPMS No. 1029 of 2021
                                  Hon'ble Sharad Kumar Sharma, J.

(Through Hybrid Mode)

Mr. Siddhartha Singh, Advocate for the petitioners.

Mr. Arvind Vashistha, Senior Advocate assisted by Ms. Priyanka Agrawal, Advocate for the respondents.

This Court vide its judgment dated 28th May, 2021, had granted an interim order, directing the parities to maintain the status quo, but however, in the second paragraph of the order, it was observed that out of the two proceedings, i.e. the proceedings under Section 176 of the Z.A. & L.R. Act, which was registered as Suit No. 36 of 2017-18 and the proceedings under Section 229-B, which was registered as Case No. 1 of 2019, have been decided.

In the Clarification Application, the petitioner has submitted, that in view of the pleadings raised in para 8 of the plaint, in fact, it is only the proceedings of Suit under Section 176 of the U.P. Z.A. & L.R. Act, which has been decided.

But so far as the Suit No. 1 of 2019, which was preferred under Section 229-B of the U.P. Z.A. & L.R. Act, is concerned, that is still pending. Considering the grounds taken in the Clarification Application, the order is clarified, only limited to the extent that the observation made in para 2, that Suit No. 1 of 2019, under Section 229-B has been decided, that is being modified and is directed to be read as "Section 229-B Suit" is still pending.

Subject to the above observation, the Clarification Application stands disposed of.

List the matter before, the appropriate Court ceased with the jurisdiction under Article 227 of the Constitution of India.

(Sharad Kumar Sharma, J.) Dated 25.08.2021 Shiv