(1.) Heard Sri Vinod Mishra, learned counsel for petitioners, learned Standing Counsel on behalf of State-respondent Nos. 1 and 2 and Sri Mohan Singh, learned counsel for respondent Nos. 3 and 4 and Sri Satya Prakash Dubey, Advocate who has filed caveat on behalf of respondent Nos. 5 and 6.
(2.) The dispute raised in the present case pertains to the property of late Vidya Prasad who was the recorded tenure holder of number of plots. Vidya Prasad had 5 sons and is alleged to be executed two registered sale deed on 25/7/2003 and 28/7/2003. It was on the basis of a registered sale deed that application for mutation was made by private respondents and the order of trial court and the appellate court have been upheld by the Board of Revenue and the order passed by the Commissioner in revision has been set aside and the claim of the private respondents has been allowed.
(3.) It is further submitted that the main controversy of the present case is with regard to the registered sale deed on the basis of which the private respondents have staked their claim for mutation of the said property. It is further noticed that the sale deed is subject matter of consideration of the regular civil suit in Misc. Case No. 11/2021 (Smt. Sunita v. Ramlal and others) as well a Case No. 71 2017 (Radhe Shyam @ Ravindra Kumar) pending before the civil Judge, kadipur, District Sultanpur.
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