Heard the learned counsel for the applicant and the learned AGA and perused the record.
The learned counsel for the applicants submitted that the applicant Moar Mukut is bonafide purchaser of the disputed property. The complainant's case is that the disputed property is rasta on spot. In view of this, the dispute is of civil nature.
Notice on behalf of respondent No.1 has been accepted by the learned A.G.A.
Issue notice to respondent No.2. Counter affidavit within four weeks. Rejoinder affidavit, if any, within two weeks thereafter.
List after six weeks.
Till the next date of listing, further proceedings of criminal case No. 1207 of 2009, ( State Vs. Om Veer and others) under sections 420, 467, 468, 471 and 506 I.P.C. , P.S. Hapur Nagar, district Ghaziabad pending in the court of Additional Chief Judicial Magistrte, Hapur, Ghaziabad shall remain stayed.
Order Date :- 22.1.2010 rkb