Court No. - 36
Case :- WRIT - B No. - 3310 of 2018 Petitioner :- Laxmi Narain Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Uma Dutt Shukla Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
The prayer made in the present petition is to issue a direction to the Board of Revenue to decide the pending restoration application filed by the opposite party in Second Appeal no.238/239 of 1978-79 (Ram Kumar & others Vs. Pyarer Lal & others).
Submission of learned counsel for the petitioner is that the second appellate Court has allowed the second appeal in favour of the petitioner, however, repeated restoration/recall/review applications are being filed by the opposite party. As a result of it, the decree passed by the court below could not be given effect to.
Be that as it may, having perused the order sheet, this Court finds that the restoration application is pending since the year 2012.
In view thereof, without entering into the merits of the claim made by the petitioner, the writ petition is disposed of with the direction to decide the restoration application no.11 of 2012-13 in Second Appeal No.238-239 of 1978-79 (Ram Kumar & others Vs. Pyarer Lal & others) expeditiously, preferably within a period of two months from the date of submission of certified copy of this order after giving due notice and opportunity to all concerned..
Order Date :- 30.3.2018 Himanshu