JUDGMENT

Abhay Manohar Sapre, J.

Leave granted.

2. This appeal is filed by the plaintiff against the final judgment and order dated 28.05.2010 passed by the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow in Writ Petition No. 5453(M/S) of 2008 whereby the High Court allowed the petition filed by respondent No.1 herein and set aside the order dated 14.08.2007 passed by the Additional Civil Judge (Jr. Division) I, Hardoi in R.S. No.271 of 2006 and order dated 05.08.2008 passed by the Additional District Judge-III, Hardoi in C.R. No.63 of 2007.

3. In order to appreciate the issues arising in the case, it is necessary to set out the facts infra. The facts set out hereinbelow are taken from the SLP paper book.

4. The appellant is the plaintiff whereas respondent Nos.1 to 4 are defendant Nos.1 to 4 and respondent No.5 is plaintiff No.2 as proforma respondent.

5. The dispute in this case is essentially between the appellant and respondent Nos.1 to 4 and relates to a land bearing number 629-A/0.0320 Hect. and 629-B/1.5820 hect. situated in village - Asyoli Pargana, Bangar, Tehsil and District Hardoi (UP) (hereinafter referred to as "suit land").

6. The suit land claimed to be origin