SHAQOOR Vs. KHURSHEED

JUDGEMENT

(1.) By means of this petition, petitioner has challenged the judgment and order dated 26.09.2016 passed by learned Civil Judge (Junior Division), Laksar, District Haridwar and the judgment and order dated 22.11.2018 passed by learned Additional District Judge, Laksar, District Haridwar.

(2.) Petitioner filed a Civil Suit for cancellation of sale deed dated 09.08.2016 with the allegation that Smt. Haneefa (mother of respondent no. 1) had executed a sale deed in favour of defendant no. 2 Jodh Singh (respondent no. 2 herein) by playing fraud and impersonation. The said suit was registered as Original Suit No. 100 of 2016 in the Court of learned Civil Judge (Junior Division), Laksar, District Haridwar. Respondent no. 2 moved an application stating that a notification under Section 4 (2) of the U.P. Consolidation of Holdings Act, 1953 has been issued by the State Government in the year 2003 and consolidation proceedings are on, therefore, the suit stands abated in terms of Section 5(2)(a) of the Act.

(3.) Learned trial Court allowed the said application filed by respondent no. 2 and held that the Suit stands abated under Section 5 (2)(a) of the Act. Petitioner challenged the said order by filing Misc. Civil Appeal No. 54 of 2016, which was dismissed by learned Appellate Court vide judgment dated 22.11.2018. Thus, feeling aggrieved, petitioner has approached this Court.