Court No. - 37
Case :- WRIT - C No. - 39149 of 2018 Petitioner :- Ajay Kumar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Arvind Kumar Goswami Counsel for Respondent :- C.S.C.
Hon'ble Siddhartha Varma,J.
The grievance of the petitioner is that even while a partition suit was pending, the respondent no.7 was trying to get her share demarcated under Section 24 of the U.P. Revenue Code, 2006. He submits that unless and until the shares of co-sharers in the partition suit were demarcated by metes and bounds any particular co-sharer had no right of ownership over any particular piece of land and, therefore, he submits that an application for demarcation should not be entertained.
Be that as it may, the petitioner may move an application restraining the demarcation from taking place before the Court seized with the partition suit. If the petitioner files an application within a period of ten days from obtaining a certified copy of this order, the same shall be decided within a period of 15 days thereafter.
The writ petition is disposed of.
Order Date :- 30.11.2018 Ashish Pd.
(Siddhartha Varma,J.)