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1998 Supreme(All) 324

R.H.ZAIDI
SUGHRA BEGUM – Appellant
Versus
ADDITIONAL DISTRICT JUDGE XIITH, LUCKNOW – Respondent


Advocates Appeared:
A.R.KHAN, NITISH ANAND, S.HIFAIZAT HUSAIN, S.K.Srivastava, Sandeep Dixit, Sujata Srivastava

R. H. ZAIDI, J.

( 1 ) AFTER considering the arguments made by the learned counsel for the parties and after perusing the record of the case thoroughly, the writ petition was partly allowed and operative portion of the judgment was dictated in the open Court in presence of the learned counsel for the parties and was also signed on 17. 3. 1998, but to save the time of the Court, the reasons for the said judgment/order were not dictated in the Court, they were directed to follow. I hereunder state the reasons for the judgment and order.

( 2 ) BY means of this petition under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 18. 11. 1997 rejecting the application of the petitioner for return of the plaint for presentation before a Court of competent jurisdiction and the order dated 13. 1. 1998, whereby revision filed against the order of the trial court was dismissed by the revisional court.

( 3 ) THE facts of the case, as set out in the writ petition, are that the building in question was originally owned by Smt. Nasaseem Jaan who sold the same in favour of Sri Mohd. Yaqub khan, who
















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