LAWS(ALL)-2009-1-78

MEWA LAL Vs. 2ND ADDLL DISTRICT JUDGE MIRZAPUR

Decided On January 15, 2009
MEWA LAL Appellant
V/S
2ND ADDLL DISTRICT JUDGE, MIRZAPUR Respondents

JUDGEMENT

(1.) LIST revised. Respondent No. 3 one of the plaintiffs is represented by Sri K.C. Vishwakarma, learned counsel, however he is not present. Service upon other plaintiffs/respondent Nos. 4 and 5 is sufficient as per office report dated 18.12.08, however, no one has appeared on their behalf also. Heard learned counsel for the petitioner.

(2.) RESPONDENT Nos. 3 to 5 Bhulan and others instituted O.S. No. 463 of 1982 against the petitioner. Relief claimed in the plaint of the suit was for permanent prohibitory injunction restraining the defendant from interfering in the right and possession of plaintiffs over their share in the agricultural land in dispute and from cutting the crop of paddy of their share. Written statement was filed and thereafter seven issues were framed on 19.4.1982. Issues Nos. 2 to 5 related to question of jurisdiction of the civil Court.

(3.) IN the impugned orders it is mentioned that name of the plaintiffs respondents was not recorded in the revenue records.