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1994 Supreme(All) 660

R.R.K.TRIVEDI
AKHIL KUMAR – Appellant
Versus
BOARD OF REVENUE LUCKNOW – Respondent


R. R. K. TRIVEDI, J.

This writ petition has been filed for quashing the order, dated 30-8-1994, Annexure I passed by the Board of Revenue, by which revision of the petitioners has been dismissed and order dated 10-6-1991, passed by Assistant Collector First Class/sub-Divisional Officer, Sadar Bulandshahr by which he allowed application of respondents No. 4 to 6 for setting aside the ex pane decree and implead them as defendant in the suit filed by petitioner No (. 1, under Section 229-B/176 of U. P. Z. A. and L. R. Act (hereinafter referred to as the Act ).

2. Facts giving rise to this petition are that plot No. 57, area 8-2-14 of Khata No. 75 and plots Nos. 66 and 67, area 1-5-0 and 1-12-10 respectively of Khata No. 26 were recorded as exclusive land holding of respondent No. 7 Sanjay Kumar. Petitioner No. 1 Akhil Kumar, real brother of respondent No. 7, filed the aforesaid suit on 4-11-1987 against Sanjay Kumar and petitioners Nos. 2 to 4 for declaration and partition under Section 229-B/176 of the Act. Gram Sabha and State of U. P. were arrayed as defendants Nos. 5 to 6 in the suit. In this suit, an application was filed on 26-11-1988 saying that parties have compromised and eac































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