KALAWATI Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Sri R.N. Tripathi assisted by Sri Kamlesh Kumar, learned counsel for the petitioners, Sri Ashwani Kumar Mishra, learned counsel for the contesting respondent Nos. - 9 to 11, Sri Anshul Nigam, learned standing counsel for the state-respondents and Sri Azad Rai, learned counsel for the respondent-gaon sabha.

(2.) Brief facts of the case are that suit under Sec. 144/116 of the U.P. Revenue Code, 2006 has been filed by the petitioners, claiming co-tenancy right along with defendants to the extent of 1/2 share as well as partition of the plots. The suit was registered as Suit No. T201702323055366 of 2017-18.

(3.) This Court on 3/12/2021 directed the parties to exchange their respective affidavit and it was further ordered that no third-party-right shall be created over the property in dispute. The Court has further ordered that the pendency of the present writ petition will not amount to any stay of the proceeding before the trial court and the trial court is free to proceed with the matter.