Sri A.S. Chaudhary has filed his power on behalf of respondent nos. 6 and 7. Notice on behalf of respondent nos. 1 to 4 has been accepted by the learned Standing Counsel. Sri Yogendra Nath Yadav appears for respondent no. 5.
The suit under section 229B of the U.P. Zamindari Abolition and Land Reforms Act was decreed by the trial court and that has been affirmed by the first and second appellate courts.
From the perusal of the plaint and the plaint case as mentioned in the impugned order, prima facie it appears that the plaintiff, who is a Muslim, has instituted the suit on the basis of the principles pertaining to the Joint Hindu Family. Under the circumstances, the matter requires consideration.
Sri A.S. Chaudhary prays for and is granted 4 weeks to file counter affidavit. Learned Counsel for the petitioners will have another 2 weeks to file rejoinder affidavit.
List immediately after the expiry of the aforesaid period.
In the meantime, the parties are directed to maintain status quo as regards the possession over and the nature of the land in dispute as it exists today.
Order Date :- 6.2.2014 sks-grade iv