Court No. - 9
Case :- WRIT - B No. - 5643 of 2018 Petitioner :- Chhote Lal Respondent :- Board Of Revenue At Allahabad And 34 Others Counsel for Petitioner :- Abhishek Kumar Counsel for Respondent :- C.S.C.,Girdhar Prasad Tripathi
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the parties.
The instant writ petition which arises out of a suit under Section 229-B of the U.P. Zamindari Abolition and Land Reforms Act and is directed against the order dated 12.11.2018 passed by the Second Appelleate Court.
By the order impugned, a substitution application with regard to the respondent no.4 in the second appeal has been allowed.
Assailing this order, the contention of counsel for the petitioner is that the respondent no.2 has also died several years back and that an abatement application in this regard is pending consideration. However, no order has been passed on the abatement application.
In my considered opinion, mere pendency of an abatement application would not vitiate the order 12.11.2018, which in any case, allows a substitution application with regard to respondent no.4.
Under the circumstances, this writ petition is disposed of, observing that the petitioner may press his abatement application before the Board of Revenue on the next date fixed, in case so advised.
Needless to say, in any case, the abatement application is pressed, the same be decided by a reasoned and speaking order.
Order Date :- 27.11.2018 RKM