Court No. - 37
Case :- WRIT - C No. - 41884 of 2018 Petitioner :- Sukhlal @ Sukhnandan And 05 Others Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Satya Narayan Gupta Counsel for Respondent :- C.S.C.,Anand Kumar Yadav,Brij Gopal Singh,Brij Raj Singh
Hon'ble Siddhartha Varma,J.
A suit which was filed by the predecessor in interest of the respondents no. 4 to 8 was decreed. Thereafter, the First Appellate Court remanded the matter. Against the order of dismissal a Writ Petition No. 18076/2017 was filed in which the following order was passed:-
''Issue notice to respondent nos. 1/1 to 5, returnable within six weeks.
In the meantime, respondents may file counter affidavit. Rejoinder affidavit, if any, may be filed within the said period.
List thereafter.
Pendency of the petition shall not mean that any interim order is granted in the matter. Authorities are at liberty to proceed pursuant to the impugned order.''
The petitioners who are the defendants in the suit had made an application before the trial Court that the suit itself be heard as there was no interim order in the Writ Petition No. 18076/2017. However, by the order dated 18.09.2018 the Sub-Divisional Officer, Lalitpur refused to continue with the suit.
The petitioners can file a Revision against the order. The writ petition is, accordingly, dismissed.
Order Date :- 19.12.2018 Mohit Kushwaha