OMVEER SINGH Vs. MAHARAJ SINGH

JUDGEMENT

(1.) The four connected writ petitions have arisen out of the orders passed in two consolidated suits namely Suit No.23/34 of 2001 (Maharaj Singh v. Hariraj Singh & Ors.) filed by respondent No.1 and Suit No.26 of 2005 (Omveer Singh & Anr. v. Hariraj Singh & Ors.) filed by the petitioner for division of holdings under Section 176 of the U.P. Z.A. & L.R. Act. The plaintiff of Suit No.23/34 of 2001 respondent No.1 namely Maharaj Singh has died during pendency of the proceeding and is represented by his legal representative namely respondent No.1/1. The respondent No.2 namely Shri Hariraj Singh is real brother of the petitioner Omveer Singh.

(2.) Heard Shri Karan Prakash Tiwari, learned counsel for the petitioner and Shri Pankaj Kumar Srivastava, learned counsel for the respondent No.1/1. Shri M.N. Singh, learned Advocate has put in appearance on behalf of the respondent-Gram Sabha. The matter has been heard for final disposal with the consent of learned counsel for the petitioner and the contesting respondent No.1/1. In so far as the respondent No.2 is concerned, he has been impleaded as defendant in both the suits filed by the petitioner and respondent No.2 and has not filed any separate suit or appeal though he filed a joint written statement in the suit filed by the petitioner. His interest in the matter is not in conflict with that of the contesting parties and would not be affected by the final decision in the present petition at the admission stage. This Court, therefore, is of the opinion that no notice is required to be issued to him in this petition.

(3.) The holdings in dispute in the present petition are comprised in two khatas namely Khata No.260, Khasra No.70-Sa (0.019 Hectares) Khasra No.71 (1.733 Hectares); and Khata No.433 Khasra No.125-Sa (0.536 Hectares) Khasra No.125-Sa (0.379 Hectares) and Khasra No.70 M (0.009 Hectares). In so far as the remaining Gatas in Khata Nos.260 and 433 (namely Khasra No.215-Sa/1.139 Hectares, Khasra No.214 (1.139 Hectares) and Khasra No.215Kha/1.006 Hectares) and Khata No.259, subject matter of the suit, no dispute has been raised herein with regard to the share of the parties.