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2010 Supreme(All) 1744

PRAKASH KRISHNA
CHHATRA PAL – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Yogendra Kumar for the Petitioner; C.S.C., Mahesh Narain Singh for the Respondents.

JUDGMENT

Hon’ble Prakash Krishna, J.—This is defendant’s writ petition.

2. A suit under Section 229 B of the U.P.Z.A. & L.R. Act was filed being suit No. 453 of 2005 by the plaintiff respondent herein. In the said suit, the defendant raised a plea that the issue Nos. 2, 3, 4, 6, 7 and 8 may be decided as preliminary issues. The said application having been rejected by the two Courts below, the present writ petition has been filed.

3. Heard the learned counsel for the petitioner. I do not find any merit in the present writ petition.

4. Now, time has come that all the issues should be decided simultaneously as it will facilitate early disposal of the suit. Reference can be made to various judgments of the Apex Court. In its one judgment it noted the following observation of Privy Council :

5. Before more than hundred years, the Privy Council in Tarakant v. Puddomoney, (1866) 10 MIA 476, favoured this approach.

Speaking for the Judicial Committee, Lord Turner stated :

“The Courts below, in appealable cases, by forbearing from deciding on all the issues joined, not infrequently oblige this Committee to recommend that a cause be remanded which might otherwise be finally decided on appeal







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