SA/14/2023
2023 Latest Caselaw 356 UK

                     Office Notes,
                    reports, orders
SL.                 or proceedings
         Date                                         COURT'S OR JUDGES'S ORDERS
No                 or directions and
                   Registrar's order
                    with Signatures
      07.02.2023                       SA No.14 of 2023
                                       Hon'ble Alok Kumar Verma, J.

s

An Original Suit (No.43 of 2014) was filed by the respondent no.1 - plaintiff for declaration her right, partition and for perpetual injunction. The said Original Suit was dismissed. The First Appellate Court has passed a preliminary decree allowing the Appeal (No.07 of 2021) on 04.11.2022.

Mr. Sanjay Kumar, learned counsel for the proposed appellant - defendant no.1.

Mrs. Monika Pant, learned counsel for the respondent no.1 - plaintiff, through Video Conferencing.

Mr. Sanjay Kumar, Advocate, submitted that the suit property is an agricultural land. Declaration under Section 4(1) of the Uttar Pradesh Consolidation of Holdings Act, 1953 (as applicable in the State of Uttarakhand) was made even before the plaintiff filed the said Original Suit and Section 52 was not notified till that time.

The present Second Appeal is admitted on the following substantial question of law:-

Whether the civil court has the jurisdiction to try and decide a suit in violence of Section 49 of the Consolidation of Holdings Act in regard to the land in question while there was a Declaration under Section 4(1) of the Consolidation of Holdings Act and Notification under Section 52 of the Consolidation of Holdings Act was not issued.

Issue notice to the remaining respondents. Steps to be taken within a week. Summon the Lower Court Record. List this case on 17.04.2023. In the facts and circumstances of this case, the effect and operation of the judgment and decree dated 04.11.2022, passed by the First Appellate Court, are stayed and both the parties are restrained to create any third party interest over the suit property till further order.

The Stay Application (IA No.02 of 2023) is disposed of accordingly.

(Alok Kumar Verma, J.) Vacation Judge 07.02.2023

Pant/