ANISUR RAHMAN Vs. KHALIDA MUNIM

JUDGEMENT

(1.) This is a revision preferred against the order dated 18.7.96 passed by the learned Additional Commissioner, Moradabad Division, Moradabad, arising out of an order, dated 27.6.96, passed by the learned trial court on the application under Order IX, Rule 13, C.P.C. and Sec. 151 of C.P.C. filed during the proceeding of a suit under Sec. 229B of U.P.Z.A. and L.R. Act.

(2.) Brief and relevant facts of the ease are that the plaintiff Anisur Rahman instituted a suit under Sec. 229B of U.P.Z.A. and L.R. Act, impleading the U. P. State and Nagar Palika, Bachharaun, tahsil Dhanaura district Moradabad as defendants, with the prayer that the name of the plaintiff be declared as bhumidhar with transferable rights by expunging the name of Abdul Ahad s/o Ezaz Ahamad, over the disputed holding detailed at the foot of the plaint. The learned trial court by means of P ' order dated 30.9.94 decreed the aforesaid suit. Later on, a restoration application dated 22.10.94 was moved to set aside he order dated 30.9.94 by Smt. Khalida Munim w/o Abdul Munim and Smt. Farhat Fatma w/o Abdul Kadir through the attorney Sri Hasan Ali s/o Abdul Latif. The learned trial court has dismissed the aforesaid application on 27.10.96. Aggrieved by this order, an appeal was preferred. The learned lower appellate court by means of its order dated 18.7.96 has stayed the operation of the impugned orders dated 30.9.94 and 27.6.96 passed by the learned trial court till further orders; hence this revision.

(3.) I have heard the learned counsel for the revisionist as well as the opposite-parties and have gone through the impugned orders of the learned Courts below.