SHAMSHER SINGH Vs. BISHAMBAR SINGH

JUDGEMENT

(1.) The present writ petition arises out of an interlocutory order dtd. 29/11/2006 and 2/6/2010 as passed by the Assistant Collector in Case No. 22 of 2004-05 'Shri Shamsher Singh and Others vs. Shri Bishambar Singh and Others' and the Commissioner's order in Revision No. 15/2006-07 'Shri Shamsher Singh vs. Shri Bishambar Singh' respectively.

(2.) Cutting short the controversy there was a Suit, which was instituted by the petitioner being Case No. 22 of 2004-05 'Shri Shamsher Singh and Others vs. Shri Bishambar Singh and Others' before the Assistant Collector for declaration of the right and title of the present petitioner Shamsher Singh and Others. Declaration was sought as against the respondent nos. 1 to 4 under Sec. 229B of U.P.Z.A. and L.R. Act. At the time when the Suit was filed the plaintiffs, petitioners herein, they have filed an application under Sec. 229D for the grant of interim order. Consequently, the Court of Assistant Collector considering the prima facie case passed an order on 31/1/2005 thereby granted an order on 31/1/2005, which is quoted hereunder, by virtue of which in view of the endorsement, which was made in the application under Sec. 229D itself it was directed that the parties would neither deal with the property in any manner nor would change its nature:

(3.) The present respondent nos. 1 to 4, who were opposing the suit in question, they sought vacation of the stay order by filing objection to it on 13/6/2005 under Order 39 Rule 4 of C.P.C. made applicable on the proceedings under Sec. 341 of U.P.Z.A.&L.R. Act. Ultimately, on considering the stay vacation application of respondent nos. 1 to 4, the same was rejected on 30/11/2005. Consequently the effect of which was that the order dtd. 31/1/2005 granted under Sec. 229D was maintained.