SURENDRA MANI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Anil Kumar Tiwari, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

(2.) This writ petition has been filed for the following reliefs:-

(3.) Brief facts of the case are that a dispute arose as to succession of one Janaki Devi, widow of Hari Nandan. Smt. Janaki Devi executed a Will dtd. 29/10/1993 in favour of the petitioner. The predecessor in interest of respondent Nos. 4 to 6 claimed the property in dispute on the basis of Will executed by Hari Nandan, husband of Janaki Devi. In this regard, Mutation Case No. 427 of 1994 was filed by the predecessor in interest of respondent Nos. 4 to 6. The aforementioned case was dismissed in default by order dtd. 8/6/2017 passed by Naib Tehsildar, Tehsil- Sadar, District Deoria-respondent No. 3. During the pendency of the aforesaid mutation case Damadi- predecessor in interest of respondent Nos. 4 to 6 died and respondent Nos. 4 to 6 were substituted in his place. Respondent Nos. 4 to 6 moved an application dtd. 26/2/2020 before respondent No. 3 for recalling the order dtd. 8/6/2017 passed by respondent No. 3 dismissing the case in default. Copy of the application is annexed as Annexure No. 7 to the writ petition. The petitioner filed his objections on 3/3/2022 to the restoration/ recall application filed by respondent Nos. 4 to 6 pleading inter alia that the said application is not maintainable as there was no application filed by respondent Nos. 4 to 6 under Sec. 5 of the Limitation Act for condonation of delay in filing the restoration application. The objections filed by the petitioner are annexed as Annexure No. 8 to the writ petition. Respondent No. 3 vide its order dtd. 2/6/2023 after considering the objections filed by the petitioner, condoned the delay in filing the restoration application. Copy of the order dtd. 2/6/2023 is annexed as Annexure No. 1 to the writ petition. Against the order dtd. 2/6/2023, the petitioner filed a revision before the Commissioner, Gorakhpur Region, Gorakhpur-respondent No. 2 which has been dismissed by order dtd. 28/2/2024. Copy of the order has been annexed as Annexure No. 3 to the writ petition. In the meantime, restoration application filed by respondent Nos. 4 to 6 was also allowed by order dtd. 31/1/2024. Copy of the order dtd. 31/1/2024 is annexed as Annexure No. 2 to the writ petition. Hence the present writ petition.