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Kedar (dead) through L/R vs Shyama Devi & Ors.

Allahabad High Court · Decided on 16 May 1996 · Citation: (1996) 05 AHC CK 0062

HON’BLE JUDGES
A.B.Srivastava, J
ACTS & SECTIONS REFERRED
Civil Procedure Code, 1908 (CPC) — Section 10 · Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 — Section 229B
CASE NUMBER
Civil Miscellaneous Writ Petition No. 18748 of 1987
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Judgment

6 paragraphs · 359 words

A.B. Srivastava, J.—Heard.

2.

In this writ petition, there is short question of law. Both sides learned counsel agree that the petition itself may be disposed of finally thus they have been heard.

3.

A Civil Suit No. 261 of 1982 was filed against the respondent No. 1 by the petitioner in the Court of Munsif Budaun for cancellation of saledeed dated 681980. About the same property a suit for declaration under Section 229B was filed by the respondent No. 1 against the petitioner. The plea of the petitioner to stay subsequent suit before the revenue court was rejected by the revenue authorities respondent Nos. 3 to 5, hence this writ petition. By an interim order dated 21101987, the proceedings before the respondent No. 5 have been stayed. During this nine years stay period of civil suit has been decided and the appeal has been preferred which was admitted and registered by an order dated 1611996 of the District Judge Budaun.

4.

Considering similarity of questions involved in two litigations the interim (sic) may continue till the disposal of the first appeal before the District Judge Budaun who may dispose it of. In this premise the impugned order deserves to be quashed.

5.

Accordingly the writ petition is allowed. The impugned orders of the respondents 3 to 5 are quashed. The proceedings before the respondent No. 6 in revenue suit No. 22 of 198485 under Section 229B/176 Z. A. & L. R. Act shall remain stayed during the pendency of the appeal arising out of the judgment of the trial court in Civil Suit No. 261 of 1982 of the Court of Munsif Budaun which appeal is now pending before the District Judge Budaun. Learned District Judge is directed to dispose of himself, or in case he has made over the appeal to any other court to ensure that the same is finally disposed of within four months from the dale a certified copy of this order is presented before him. Parties shall not be avowed to delay by seeking adjournment. The order of proceedings shall stand vacated, on expiry of four months period.

6.

Costs are made easy.