GOVERDHAN Vs. SULTAN SINGH

JUDGEMENT

(1.) THIS revision has been filed against the order dated 25-3-2003 passed by the SDO, Hathras, Mathura in a suit No. 2 of 2001, under Section 229-B, Z.A. and L.R. Act.

(2.) BRIEFLY the facts of the case are that Sultan filed a suit No. 38 of 1999 for partition under Section 176 of U.P.Z.A. and L.R. Act his share over the Khata No. 29 having total area 1.377 hectares. The trial Court passed a preliminary decree and lots were also filed. Later on, an application dated 14-11-2002 was moved in the Court of SDO, Hathras, under Section 229-B, Z.A. and L.R. Act, by Gobardhan in a suit No. 4 of 2002. After hearing to the parties the SDO, Hathras, passed an order dated 18-11-2002 whereby he has restrained both the parties from changing the nature of the land and prohibited from it's sale. Thereafter, an application dated 25-3-2003 was moved by Sultan Singh for recalling the order dated 18-11-2002. The SDO, Hathrash, by the order dated 25-3-2003 recalled the order dated 18-11-2002. Aggrieved by the aforesaid order the present revision has been filed before the Board and is being heard by this Court at the admission stage.

(3.) FROM the perusal of impugned order it is clear that the order dated 18-11-2002 was passed by the SDO, Hathras, on an application moved by Gobardhan Singh, while the same has been recalled by the order dated 25-3-2003. The order of SDO, Hathras, dated 25-3-2003 is interlocutory in nature against which no revision lies. Moreover, the case is pending for final disposal and both the parties have full opportunity to lead their evidences before the Court below. In the circumstances, the instant revision has got no force and deserves to be dismissed.