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2012 Supreme(All) 226

SUNIL AMBWANI
SHAMSHUDDIN – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
M.A. Qadeer, Shamim Ahmad, Bashir Ahmad and H.P. Yadav, for the Appellants; V.K. Singh (A.A.G.), Rajeev Mishra, Ram Prakash Mishra and S.C. for Respondents.

JUDGMENT

Hon’ble Sunil Ambwani, J.—This Second Appeal filed on 26.4.1971 by Shri Shamshuddin (since deceased) and others substituted with his heirs Shamshad Ali and others for appellant No. 1 and other heirs of appellants, arises out of representative suit claiming rights over part of plot No. 592/2 of Village Bargawn, Newada, P.O. Mariahun, District Jaunpur in respect of burial of dead bodies of the community, shown by letters A, B, C, D in the plaint sketch.

2. The Original Suit No. 195 filed in the year 1967, giving rise to this Second Appeal, was decreed directing the State of U.P. and others through the Collector, Jaunpur; Gaon Sabha, Mauja Bargaon, Pargana Mariahun, District Jaunpur through its Pradhan and other private parties from interfering in plaintiffs’ rights on burial of dead bodies on the disputed land. The Munsif Jaunpur in his judgment dated 30.4.1969 clarified in the operative portion of his order that the disputed land, which has been defined by letters A, B, C, D with blue colour in map (paper 46-C) shall form part of the decree. The Civil Appeal No. 109 of 1969 filed by Jalaluddin and others-private respondents against Shri Shamshuddin and others; Civil Appeal N




















































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