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2013 Supreme(All) 2616

SANJAY MISRA
HAJI MUQEET ALI QURESHI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Arvind Srivastava and Manu Khare for the Petitioner; S.C., K.M. Misra, M. Islam and Ravi Kiran Jain for the Respondents.

JUDGMENT

Hon’ble Sanjay Misra, J.—This writ petition arises out of an order dated 22.5.2007 passed in Suit No. 157 of 2006 by the Civil Judge (J.D.), Koil. Aligarh whereby the ex parte decree has been set aside on an application filed under Order IX Rule 13 CPC read with Section 151 CPC by a non party to the suit as also the revisional order which has in effect not interfered in the order of the Trial Court by holding that the revision is not maintainable under Section 115 CPC.

2. The petitioner filed a Suit No. 157 of 2006 before the Civil Judge (J.D.), Koil. Aligarh impleading as defendants the State of U.P. Through Collector, Aligarh and A.D.M. (City) (Ceiling), Aligarh for permanent prohibitory injunction to restrain them from claiming the property in suit as property of the State of U.P. or from dispossessing him. The plaint averments were that the property Khasra No. 513 area 13 Bigha 6 Biswa situate at Begpur Khanjaula near Dodhapur, Pargana and Tehsil Koil, District Aligarh was owned by one Smt. Meera Bashir and others. Of this 1 Bigha (pakka) with a house thereon was transferred to Musheer Ali Qureshi (president of Ashiyana Sahkari Avas Samiti Ltd.) and 12 Bigha 6 Biswa was































































































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