Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 2871 of 2019 Petitioner :- Ajay Kumar And Another Respondent :- Ram Awadh Yadav And 14 Others Counsel for Petitioner :- Anil Kumar Aditya
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioners and perused the record.
Present petition has been filed challenging the impugned order dated 2.5.2015 passed by Additional Civil Judge (Junior Division) Varanasi in Original Suit No. 1444 of 1989 and the impugned order dated 28.9.2018 passed by District Judge, Varanasi in Revision No. 103 of 2015.
By the impugned order issue regarding jurisdiction has been decided against the petitioner. Revision against the same was rejected.
Submission of learned counsel for the petitioners that even as per plaint case the plot in question is a miljumla number and as such, suit for portion was not maintainable. The trial Court while deciding the issue observed that this can be decided only after the evidence is given.
In the facts and circumstances of the case, I find no good ground to interfere in the impugned order as the prayer made in the suit is that the defendants be restrained from interfering in the portion that has come in his share. This issue can only be decided after evidence.
Present petition is accordingly dismissed. No order as to costs.
Order Date :- 25.4.2019 Abhishek