THAKURA Vs. DISTRICT JUDGE SITAPUR

JUDGEMENT

(1.) HEARD Sri G.S. Nigam,learned counsel for the petitioner and Sri Nripendra Mishra, Advocate holding brief of Sri Manish Kumar, learned counsel for the respondents.

(2.) BY means of the present writ petition the petitioner has challenged the impugned order dated 26.7.2010 (Annexure-1) and 6.4.2010 (Annexure-4) passed by O.P. Nos. 1 and 2 respectively.

(3.) AFTER hearing the counsel for the parties the trial Court /O.P. No. 2 by means of the judgment and order dated 6.4.2010 (Annexure-5) held that the issue No. 5 is a mixed question of law and fact which requires evidence to be decided and the same can be done only after recording the evidence from both the sides, as such refusal to decide the same as preliminary issue.