CLR/144/2016
2022 Latest Caselaw 2417 UK

                   Office Notes,
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                                     CLR No.144 of 2016
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Himanshu Pal, Advocate, for the revisionist.

Mr. Siddhartha Singh, Advocate, for the respondent.

In an earlier set of proceedings in relation to the same property, which constitutes to be the subject matter of the present suit for cancellation of the sale deed, being Suit No.419 of 2009, "Sri Vishambar Vs. Smt. Saroj Maurya", is already a subject matter of consideration in the pending Writ Petition (M/S) No.1035 of 2009, which is emanating from the proceedings for declaration of the rights over the disputed land under Section 229B of the UPZA&LR Act.

It is contended by the revisionist, that institution of the present suit i.e. OS No.489 of 2009 is subsequent to the declaration made under Section 229B of the Act. Hence, the issue would be inter related to one another, with regards to same set of disputed property.

In that eventuality, to avoid any contradictory judgment, being rendered by this Court, in relation to the same subject matter, pending consideration before this Court.

The Registry is directed to place this matter before the Hon'ble The Chief Justice for seeking an appropriate direction for listing the civil revision, along with pending Writ Petition (M/S) No.1035 of 2009, which is also a proceeding inter se with regards to the same property between the same set of parties, before any one court, who could deal with both the matters together.

(Sharad Kumar Sharma, J.) 02.08.2022

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