Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 1831 of 2019 Petitioner :- Shamsul Haq And 10 Others Respondent :- Abdul Hai And Another Counsel for Petitioner :- Tripathi B.G. Bhai Counsel for Respondent :- Prem Prakash Chaudhary
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioners-defendants and Sri P.P. Chaudhary, learned counsel appearing for the respondent-plaintiff.
Present petition has been filed for setting aside the order dated 19.1.2019 passed by Additional District Judge 4th / Special Judge E.C. Act, Basti in Civil Appeal No. 83 of 2014 (Shamshul Haq and others vs. Abdul Hai and others).
By the impugned order dated 19.1.2019 the application paper no. 16-Ga filed by the defendant-petitioner herein in appeal for Survey Commissioner has been rejected on the ground that similar application was rejected by the trial court. The suit is for the cancellation of the sale deed and demolition. The suit was decreed.
Placing reliance on paragraph 24 of the written statement submission of learned counsel for the petitioners is that the construction has not been made on arazi no. 285 but the same is existing on a different arazi number belonging to Subrati therefore, the demarcation is necessary.
Per contra, Sri Chaudhary has supported the impugned order by implicating that the other arazi no. 244 does not belong the appellant and Subrati is also not a party to the case.
I have considered the submissions and have perused the record.
On perusal of record I find that the suit is for cancellation of sale deed and construction does not belong to the petitioner.
In such view of the matter, I do not find any good ground to interfere in the order impugned herein.
At this stage, Sri Chaudhary submits that the appeal is of the year 2014 and the appellate court may be directed to decide expeditiously.
In the facts and circumstances of the case, the appellate court is directed to expedite the hearing of the aforesaid appeal and decide the same, in accordance with law, expeditiously by giving short dates and no unnecessary adjournment shall be granted.
With the aforesaid observations, present petition stands dismissed.
Order Date :- 29.4.2019 Lalit Shukla