SHARWAN SINGH Vs. ZILA PUNARWAS ADHIKARI SRIGANGANAGAR

JUDGEMENT

(1.) This special appeal has been filed against the order of the learned single Judge dated 23/08/1991 by which the writ petition for quashing the allotment order dated 13-10-1986 (Annex. 4) made in favour of the respondent No. 4 Jatto Bai in respect of 39 bigha 11 biswa of land situated in I.G.N.P. Colonisation Tehsil Anopgarh, has been dismissed with exemplary costs of Rs. 5,000.00.

(2.) It is not necessary to narrate the facts of the case as the learned single Judge has given them in detail in his impugned order.

(3.) During his arguments, the learned counsel for the appellant laid great stress on the fact that the allotment order was passed in favour of respondent No. 3 in respect of the disputed land after the stay order was granted by the learned Munsiff under Order 39, Rules 1 and 2, C.P.C. and as such it was void. It may be mentioned at the outset that the civil court had no jurisdiction in the matter for which the suit was filed and as such the stay could be ignored, being without jurisdiction.