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2004 Supreme(All) 1542

S.N.SRIVASTAVA
Union of India – Appellant
Versus
Mohd. Nayyar – Respondent


Advocates:
Counsel for the Petitioners: Subodh Kumar, Addl. S.C.
Counsel for the Respondents: R. K. Jain and P. K. Jain, S.C.

JUDGMENT

S. N. Srivastava, J.—Both the petitions have been tagged on by virtue of consideration of common issues involved in both the petitions. Reliefs sought in Writ Petition No. 47587 of 2003 may be quoted below :

“(a) to issue a writ, order or direction in the nature of certiorari quashing the impugned orders dated 18.7.1999 passed by courts below and after allowing the application under Order IX Rule 13 of the C.P.C. the court below may be directed to decide the suit afresh after affording opportunity of hearing to the writ petition.

(b) to issue a writ, order or direction in the nature of mandamus commanding and directing the respondents not to give effect to the impugned orders dated 18.7.2003 and 24.4.1999 passed by courts below and the respondents be directed not to interfere with the possession of the writ petitioners over their land bearing No. 2197 situated at Pukhta Vakye within Nagar Palika limits, Muzaffarnagar.”

2. Impugned here in both the petitions are the orders dated 18.7.2003 passed by revisional court in Revision No. 140 of 1999 and the order dated 24.4.1999 passed in Misc. Case No. 59 of 1994 arising out of Suit No. 49 of 1994.

3. The facts in both the pet

























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