Hon'ble Pankaj Mithal, J.—Petitioner Krishna Bihari Mishra alongwith Indra Narain Mishra has filed suit under Section 229-B U.P. Z.A and LR Act, 1950 (herein after referred to as the Act) in the revenue Court on 20.9.2005 for a declaration that they be declared co-owners in co-possession of the land of gata No. 174 area 0.149 hectare and 637 area 0.394 hectare situate in Chandupur, Abrayan Pargana and Tehsil-Chail, District-Kaushambi.

2. The aforesaid suit is directed against Rajendra Prasad Mishra and Dharam Narain Mishra apart from the gaon sabha concern and the State of U.P. and is pending in the Court of Sub-Divisional Magistrate, Chail, District-Kaushambi.

3. One of the defendants to the suit Rajendra Prasad Mishra later instituted Original Suit No. 279 of 2006 against the petitioner and one another for a decree of permanent prohibitory injunction in respect of the above land restraining the petitioner and one another from interfering in his possession, use and cultivation of the said land.

4. The aforesaid suit is pending in the Court of Civil Judge (Junior Division) Kaushambi.

5. This is admitted as is also clear from the plaint of the above two suits that the contes