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2009 Supreme(All) 3295

ANIL KUMAR
ADITYA NARAYAN DWIVEDI – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION, LUCKNOW – Respondent


Advocates:
Counsel :
A.K. Jauhari for the Petitioner; Nirmal Tiwari, C.P. Tripathi and Birendra Kumar Misra for the Opposite Parties.

JUDGMENT

Hon’ble Anil Kumar, J.—By means of the present writ petition, the petitioner has challenged the order dated 13.8.2009 passed by the opposite party No. 1 and the order dated 20.3.2006 passed by opposite party No. 2.

2. Heard Shri A.K. Jauhari, learned counsel for the petitioner, Shri Nirmal Tiwari, Additional Chief Standing Counsel on behalf of opposite party Nos. 1 to 3 and Shri C.P. Tripathi assisted by Shri Birendra Kumar Misra, learned counsel for the opposite party Nos. 4 and 5.

3. In brief the facts of the present case are to the effect that a dispute in the present case relates to Khata No. 112, 113, 114 situated at Village Gaura, Pargana & Tahsil Mohanlal Ganj, Lucknow.

4. The property in dispute was owned by one Shri Ganesh Prasad s/o Shiv Balak and in order to resolve the controversy which is involved in the present case, it is appropriate to give a pedigree of Shri Ganesh Prasad which is as follows :

Shiv Balak

I

Ganesh Prasad


Shri Narain Jagat Narain Aditya Narain

Kamlakant Laxmikant

Ramakant Sashikant Umakant

5. After the death of Shri Ganesh Prasad s/o Shiv Balak, Shri Narain, Jagat Narain and Aditya Narain filed an objection on 20.6.1985 under














































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