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2024 Supreme(SC) 975

ABHAY S. OKA, UJJAL BHUYAN
Nisar Ahmad – Appellant
Versus
Sami Ullah (Dead) through LRs. – Respondent


Advocates Appeared:
For the Appellant(s) : Mr. M. Z. Chaudhary, Adv. Mr. Aftab Ali Khan, AOR Mr. Shariq A. Zaidi, Adv. Ms. Maansi Chahal, Adv. Mr. Kapil Sagar, Adv. Mr. Syed Mehdi Imam, AOR Mr. Atif Suhrawardy, Adv.
For the Respondent(s): Mr. Syed Mehdi Imam, AOR Mr. Atif Suhrawardy, Adv. Mr. Tabrez Ahmad, Adv. Mr. Sharad Chauhan, AOR Ms. Sharmishtha Shukla, Adv. Mr. Yagyawalkya Singh, Adv.

JUDGMENT :

UJJAL BHUYAN, J.

1. Heard learned counsel for the parties.

2. The two appeals by special leave are directed against the judgment and order dated 05.01.2009 passed by a Division Bench of the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 6635 of 1974 (Nisar Ahmad and Others vs. Deputy Director of Consolidation, Sultanpur and Others) and in Writ Petition No. 18 of 1975 (Sami Ullah and Another vs. Nisar Ahmed and Others). By the aforesaid judgment and order dated 05.01.2009, Civil Misc. Writ Petition No. 6635 of 1974 was dismissed and Writ Petition No. 18 of 1975 has been allowed.

3. By order dated 27.04.2009, this Court had issued notice on the special leave petition as well as on the prayer for interim relief. Subsequently, by order dated 15.01.2010, both the parties were directed to maintain status quo prevailing as on 15.01.2010. Thereafter, by order dated 03.11.2011, leave was granted directing the status quo order to be continued in the meantime.

4. At the outset, it may be useful to make a brief reference to the relevant facts. Zahoor Ahmed, so

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