LAXMI SHANKER Vs. COLLECTOR VARANASI

JUDGEMENT

(1.) SIBGHAT Ullah Khan, J. In spite of sufficient service as per the office report dated 04.05.2011 no one appeared on behalf of respondents no. 4 and 5 Sri Khurdhan and Sri Lal Charndra the complainants.

(2.) HEARD learned counsel for the petitioners and learned standing counsel for respondents No.1 to 3.

(3.) ONE Guari Shankar and another person instituted O.S. No.270 of 1964 against the petitioners for cancellation of the patta/gift deed. In the said suit State of U.P. and Bhoodan Yagya U.P. Samiti were also defendants who supported the petitioners and the allotment in their favour. The suit was dismissed by City Munsif, Varanasi, through detailed judgment on 09.09.1971. Against the said judgment and decree First Appeal was filed, however during the pendency of appeal before Ist temporary Civil Judge, Varanasi (Civil Appeal No.27 of 1972) consolidation proceeding started in the area in question hence appeal was dismissed as abated.