SIYA DULARI Vs. AWADH NARESH

JUDGEMENT

(1.) Heard Mr. Krishna Mohan Garg, learned counsel for the plaintiff-petitioner and Mr. Brijendra Kumar (Advocate Roll- A/B 0457/23), Advocate holding brief of Mr. Birendra Singh, learned counsel for the defendant-respondent.

(2.) This petition has been filed seeking to set aside the judgment and order dtd. 24/12/2021 passed by the Nyayadhikari, Gram Nyayalaya, Manikpur, District- Chitrakoot passed in New Original Suit No. 41/2020 (Old Original Suit No.329/2018) (Smt. Siya Dulari Vs. Awadh Naresh).

(3.) The contention on behalf of the petitioner is that the plaintiff-petitioner instituted a suit for declaring a sale deed registered on 2/6/2018 as a void document as well as for permanent injunction with regard to the suit property. This suit was instituted as Original Suit No. 329 of 2018 in the court of Civil Judge (Junior Division), Chitrakoot and pleadings were exchanged. The contention is that after coming into force of the Gram Nyayalayas Act, 2008 [Act, 2008], the District Judge by an order dtd. 11/9/2020 directed that the record of the suit be transferred to the Gram Nyayalaya, Manikpur and, accordingly, on 14/9/2020, an order was passed by the court concerned transferring the civil suit to the Gram Nyayalaya in exercise of power under Sec. 16 of the Act, 2008.