Court No. - 6
Case :- WRIT - C No. - 37197 of 2019 Petitioner :- Khoob Singh And 2 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Suresh Chandra Verma,Devesh Kumar Verma Counsel for Respondent :- C.S.C.,Brij Kumar Yadav
Hon'ble Anjani Kumar Mishra,J.
Heard learned cousnel for the petitoner, Shri Brij Kumar Yadav, counsel for the Gaon Sabha and learned Standing Counsel for the State- respondents.
The instant writ petition arises out of a suit for partition and seeks a writ of certiorari for quashing the order dated 22.07.2019 passed by the Assistant Collector, respondent No. 4.
It appears that the petitioner filed an application for setting aside the final decree in the suit for partition, alleging it to be ex parte.
The application has been rejected as also the consequential revision which orders are also impugned in the writ petition.
In my considered opinion, dismissal of the application under Order 9 Rule 13 for setting aside the decree allegedly passed ex parte, does not restrict the parties from challenging the decree of its merits by means of an appeal.
Under the circumstances, this writ petition is disposed of granting liberty to the petitioner to challenge the final decree itself on its merits by means of a first appeal which admittedly lies against the same.
Order Date :- 28.11.2019 Priyanka