VINOD GOYAL Vs. S.C. SABBARWAL AND ORS.

JUDGEMENT

(1.) UNDISPUTEDLY , O.S. No. 507 of 2005 is pending disposal before competent civil court filed by plaintiffs respondents, herein, against the defendant petitioner, herein, seeking permanent prohibitory injunction against the defendant petitioner, herein, restraining him in making any interference in the possession of plaintiffs respondents, herein, over the suit property. Plaintiff is claiming himself in the actual physical possession of the suit property. Perusal of the sale deed dated 19.01.2004 reveals that boundaries of the property purchased by plaintiffs respondents, herein, are specifically mentioned in the sale deed.

(2.) SECTION 41 of the Uttar Pradesh Land Revenue Act, 1901 reads as under:

(3.) IN view of the above discussion, writ petition succeeds and is hereby allowed. Impugned orders are hereby set aside. Application moved by the plaintiffs/respondents, herein, under Section 28 of the Land Revenue Act, which was treated under Section 41 of the Act is hereby rejected. However, plaintiffs/respondents, herein, shall be at liberty to move appropriate application for appointment of Survey Commission to locate property, if location and identification of the property is disputed in the pending civil suit. If such an application is moved, learned trial court shall decide the same at its own merit, in accordance with law. CLMA No. 815 of 2010 also stands disposed of accordingly.