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2002 Supreme(All) 1576

S.P.MEHROTRA
ASHOK KUMAR DUBLISH – Appellant
Versus
AJEET KUMAR DUBLISH – Respondent


Advocates Appeared:
K.K.Arora, PRAMOD JAIN

S. P. MEHROTRA, J.

( 1 ) THIS writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter-alia, praying for quashing the order dated 6-9-2002 (Annexure 7 to the writ petition) passed by the learned Additional District Judge (Court No. 8), meerut in S. C. C. Revision No. 131 of 1998.

( 2 ) THE dispute relates to a shop No. 57, nagarpalika No. 1605/27 situated in Gol market, Mohalla Munna Lal, Kasba Mawana kalan, Tehsil Mawana, District Meerut. The said shop has. hereinafter, been referred to as the disputed shop.

( 3 ) FROM the allegations made in the writ petition, it appears that the plaintiff-respondent no. 1 filed a suit against the defendant-respondent No. 2 for ejectment and arrears of rent etc. in respect of the disputed shop. The said suit was registered as S. C. C. Suit No. 297 of 1993. A copy of the plaint has been annexed as Annexure 3 to the writ petition.

( 4 ) IT was, inter-alia, alleged in the said suit that the plaintiff-respondent No. 1 was the sole owner and landlord of the disputed shop; and that there had been a family settlement between the plaintiff-respondent No. 1 and his other brothers, according to which, the plainti































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