MANOJ Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned Standing Counsel.

(2.) The petitioners by means of the present petition under Article 227 of the Constitution of India have assailed the order dtd. 27/12/2023 passed by Additional Commissioner-II, Kanpur Division, Kanpur by which he has allowed the appeal of respondent No. 5 against the order dtd. 6/5/2022 of Sub-Divisional Magistrate, Tehsil Kayamganj, District Farrukhabad in Case No. 2053 of 2022 (Computerized Case No. T202203240202053) for preparation of the preliminary decree.

(3.) The brief facts of the case are that the petitioners instituted case No. 2053 of 2022 under Sec. 116 of U.P. Revenue Code, 2006 for partition and determination of their share concerning plots Nos. 82, 166 and 292 (Min.) situated in Village Papri Khurd Buzurg Pargana Shamshabad Paschim Tehsil Kayamganj, District Farrukhabad. The case of the petitioners was that the petitioners have inherited the property by succession and are owners in possession of the property.