Hon’ble Rajiv Sharma, J.—Heard Sri Kesri Nath Tripathi, Sri Umesh Chandra, Sri Rakesh Dwivedi, Senior Advocates, assisted by Sri Sudeep Kumar, Pankaj Bhagwat, Mukesh Prasad, learned Counsel for the revisionist and Sri R.N. Trivedi, Senior Advocate, assisted by Sri Piyush Agarwal, learned Counsel for the respondents. Counsel for the parties jointly submitted that the contesting parties are before the Court and as such the issuance of notice to opposite parties Nos. 1 to 3 be dispensed with and the revisions be decided finally at the admission stage itself. Accordingly, as consented by the Counsel for the parties, issuance of notice to the opposite parties Nos. 1 to 3 is dispensed with and the matter is disposed of finally at the admission stage itself.

2. Aforementioned all the three civil revisions have been filed under Section 115 of the Code of Civil Procedure assailing the common orders dated 29.3.2010 whereby the application preferred in Regular Suit No. 1192 of 2008, by opposite party No. 4 under Order VI Rule 17 and under Order XXVI Rule 9 and 10-A of the Code of Civil Procedure were allowed whereas the application preferred by the Revisionist-defendant under Order I Rule 1, Order VII Rule 11 read with Rule 151 of the Code of Civil Procedure was rejected.

3. As all the aforesaid civil revisions arise out of the order dated 29.3.2010 passed in Regular Suit No. 1192 of 2008 on the aforesaid three individual applications by the Trial Court and the common question of law is involved, therefore, all the revisions are being decided by a common order.

4. Draped in brevity, the facts of the case are that the M/s. New India Sugar Mills-Revisionist is a unit of the Oudh Sugar Mills Limited, a company registered under the Companies Act, 1956 with its registered office at Hargaon, District Sitapur. After the notification issued by the Central Government deleting Sugar Industry from Section 11 of the Industries (Development & Regulation) Act, 1951, the Revisionist filed an Industrial Entrepreneur Memorandum (IEM) expressing it’s intention to set-up a sugar industrial undertaking at village Dhadha Buzurg, Tehsil Hata, District Kushinagar, U.P. which was registered vide IEM NO. 830/SIA/IMO/2005. On an application of the revisionist for measuring the distance between the respondent’s sugar Mill and the proposed site of the revisionist’s unit, the Survey of India issued a certificate No. T-449/18-B-7(b) dated 19.4.2005 in favour of the Revisionist, indicating therein the distance from the site wherein the proposed sugar factory is to be set-up as 16.2. Kms from the factory of opposite party No. 4. The aforesaid distance was re-confirmed by Survey of India, Lucknow, on the request of the Additional Cane Commissioner, Lucknow, and as the distance was found to be 16.2 KM between the two units, necessary permission was granted by the Cane Commissioner for setting up of a sugar unit by the Revisionist and consequently, the construction work started.

5. Thereafter, the cane reservation order dated 27.10.2007 was passed by the Cane Commissioner for the crushing season 2007-08 with a liberty to the opposite party No. 4-M/s. Saraya Sugar Mills Limited to continue to lift the sugarcane from the reserved/assigned area of the Revisionist company till the lifting of cane for crushing by the revisionist unit. As provided in the said order, the opposite party No. 4 had lifted the sugarcane from the reserved/assigned area of the Revisionist company for crushing the same during the said crushing season.

6. Subsequently, the opposite party No. 4- M/s. Saraya Sugar Mills Limited moved an application for measuring the distance between its unit and that of the revisionist’s proposed unit and issuance of distance certificate in respect thereof which was issued on 2.9.2008 by the Survey of India wherein the distance between the factory of the opposite party No. 4 and that of Revisionist has been shown to be less than 15 kms. In the background of the f