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2012 Supreme(All) 2048

S.U.KHAN
NIJAMUDDIN – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
R.K. Kushwaha and S.M. Iqbal Hasan for the Petitioner; C.S.C. and K.N. Rai for the Respondents.

JUDGMENT

Hon’ble S.U. Khan, J.—Heard R.K.Kushwaha, learned counsel for the petitioner and Shri Kalpnath Rai, learned counsel on behalf of contesting respondent No. 5.

2. Father of respondent No. 5, i.e. Riyasat Hussain filed a suit under Section 229-B of U.P.Z.A. & L.R. Act in the year 1980. Apart from formal parties State of U.P. and Gaon Sabha, there were two defendants. One was Jahoor (Zahoor), father of petitioner and the other was Sharif, Respondent No. 6. Both Jahoor and Sharif were real brothers. It was stated that in the suit compromise had taken place 4.4.1980, however the suit was decreed on the basis of compromise in the year 1995. The suit had been renumbered as Suit No. 610 of 1992. The compromise was shown to have been verified on 4.4.1981. Suit was decreed on the basis of compromise on 5.8.1995. It is not at all understandable as to why the Court took 14 years for decreeing the suit on the basis of compromise.

3. In the year 2004, petitioner, his brothers respondent Nos. 7 and 8 and respondent No. 6 filed restoration application, copy of which is Annexure-IV to the writ petition. In para-5 of the restoration application it was mentioned that Jahoor father of applicant





























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