VINAMATA DEVI Vs. DISTRICT JUDGE, FAIZABAD

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Shri Suresh Chandra Srivastava, learned counsel who appears on behalf of respondents no.3 and 4.

(2.) Under challenge are the impugned orders dtd. 25/7/2009 passed in R.S. No.112/85 by the Court of Additional Civil Judge (Junior Division)-IVth, Faizabad whereby an application for transposition moved by the private respondents no.3 to 5 has been allowed. The aforesaid order was challenged by the petitioner in Civil Revision before the District Judge, Faizabad which was registered as Civil Revision No.83/09 which also by means of order dtd. 1/6/2010 came to be dismissed. Being aggrieved against the aforesaid two orders the instant petition has been preferred.

(3.) Submission of the learned counsel for the petitioner is that initially two suits came to be filed, one was filed by Smt. Vinamata Devi bearing R.S. No.112/85 wherein Smt. Laldei alias Smt. Ram Pyari was impleaded as defendant no.2 and the other suit was filed by Smt. Lal Dei against Smt. Vinamata Devi and Smt. Krishna Devi. The record further indicates that both the suits were clubbed together and Regular Suit No.112/1985 was the leading suit.