Court No. - 59
Case :- MATTERS UNDER ARTICLE 227 No. - 9679 of 2018 Petitioner :- Vijay Kumar Nigam And Another Respondent :- Smt. Antim And 10 Others Counsel for Petitioner :- Manish Kumar Jain Counsel for Respondent :- Sharad Kumar Purwar
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Manish Kumar Jain, learned counsel for the plaintiffs-petitioners.
This petition has been filed praying to set aside the order dated 05.12.2018 in Misc. Civil Appeal No.10 of 2018 (Smt. Antim and others vs. Vijay Kumar Nigam and others) passed by the II Additional District Judge, Lalitpur.
By the impugned order, the interim order dated 18.07.2018 in O.S. No.195 of 2016 (Vijay Kumar Nigam and others vs. Smt. Antim and others), has been vacated and a direction has been issued to the trial court to decide the suit on merit in accordance with law, expeditiously.
Perusal of the impugned order shows that the plaintiffs-petitioners have not filed either the sale deed or copy of the sale deed on the strength of which they claim their right over the disputed land, while the defendants have filed copy of registered sale deed in their favour executed by the successors of one Sri Hari Shanker in respect of the disputed property. This court has also asked the learned counsel for the plaintiffs-petitioners as to whether copy of the sale deed in favour of the plaintiffs-petitioners was filed but he avoided to reply this query.
In view of the facts as briefly noted above, I do not find any manifest error of law in the impugned order dated 05.12.2018 passed by the II Additional District Judge, Lalitpur.
However, considering the facts of the case, this petition is disposed of requesting the trial court to decide the O.S. No.195 of 2016 ( Vijay Kumar Nigam and others vs. Smt. Antim and others) in accordance with law, expeditiously, preferably within one year from the date of presentation of a certified copy of this order, without granting any unnecessary adjournment to either of the parties and without being influenced by any of the observations made in the body of this order.
Order Date :- 21.12.2018 NLY