BRIJBALA Vs. ADDITIONAL DISTRICT JUDGE, COURT

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri Mishra for the caveator respondent.

(2.) The dispute relates to the cancellation of a sale deed dated 7.8.1992 and a relief for permanent injunction in a suit filed by the respondent Omwati. The dispute related to an agricultural holding and therefore the trial court held the suit to be not maintainable before the writ court.

(3.) The plaintiff went up in revision and the revisional court has reversed the order of the trial court on the finding that the relief claimed can only be granted by the civil court. The court below has relied on several decisions and has accordingly remitted the matter back to the trial court for proceeding with the suit. Learned counsel has relied on the following decisions to advance his submissions:-