BITTA KUNWAR Vs. SATYA PRAKASH

JUDGEMENT

(1.) The facts are: On 19.2.1972 Smt. Bitta Kunwar and Dinesh Singh file a suit under Sec. 229-B Z.A. & L.R. Act in the Court of Assistant Collector, Etawah. The defendants are Satya Prakash, Om Prakash, Jai Prakash and others, beside State of U.P. and Gaon Sabha. On 28.7.1973 the suit is dismissed.

(2.) Aggrieved by the order appeal by Smt. Bitta Kunwar and Dinesh Singh. On 12.12.1973 Additional Commissioner enters an order dismissing the appeal. Consequently second appeal by plaintiffs lodged on 12.12.1979 through advocate Sri Sri M.K. Chaudhary.

(3.) The appeal has remained undecided as yet because of sustained effort by appellants to stonewall all attempts for disposal on merits from 12.12.1973 to this day; a wrenching delay of about 24 years tormenting respondents Satya Prakash. On all possible pretexts lately adjournment has been sought; the appeal has been let to suffer dismissal in default of appearance; and then restorations moved and liberally granted, one after the other. Also counsel, one after the other, have appeared for appellants to a purpose: to seek adjournment. All this how has climaxed to a boiling point as order sheets amply illustrate. Let us record the disrupting endeavour from the order-sheets. For appellants the counsel, to begin with, is Sri M.K. Chaudhary; he is joined later by Advocate Sri Ratan Singh. The order sheet for 15.1.1974 shows that Late Hari Shanker, Advocate has also filed his vakalatnama for appellants. The appeal is admitted on 15.1.1974. The case takes a turn through an alleged compromise, settling controversy, filed under the alleged signatures of the parties. On 21.1.1976 the appeal is decided in terms of compromise. This order made a part of the decree.