HARISH CHANDRA Vs. DIN DAYAL

JUDGEMENT

(1.) A second appeal by Harish Chandra stamming out of a lawsuit under Sec. 176, ZA and LR Act. The order of preliminary decree by now is conclusive between the parties.

(2.) Process begins to divide the holding by metes and bounds through qurras. On 22-12-1982 Sub-Divisional Officer enters an order confirming the qurras dated 22-2-1980. Aggrieved Din Dayal's appeal. On 23-6-1983 Additional Commissioners order partly allowing the appeal ; he directs that khasra No. 575 shall not be divided ; aside this the qurras are confirmed. Hence second appeal by Harish Chandra.

(3.) While the appeal lay here, counsel for appellants motion on 17-1-1994 to abate the second appeal along with the suit itself in view of issue of a notification of consolidation under Sec. 5(2) of U.P. CH Act. The respondents say ; the motion is unsustainable in law.