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2010 Supreme(All) 852

A.P.SAHI
Ramji Bharti alias Ram Subh – Appellant
Versus
District Judge, Ghazipur and others – Respondent


Advocates:
S.L.Yadav, Havaldar Verma, S.N.Pandey

Hon'ble A.P. Sahi, J.-

The petitioner has questioned the correctness of the order of the Trial Court dated 30th January, 2009 and the order of the Revisional Court dated 22.8.2009 whereby the Substitution Application moved by the respondent no. 3 Babban Rai has been allowed and the proceedings have been directed to be concluded after substituting the heirs/legal representatives under the said order.

2. The dispute in short is in relation to the properties of a Trust at Village Sahabuddinpur, Paragana Mohamdabad, District Ghazipur. The nature of the property involved is agricultural land. One Markandey Bharti is alleged to have headed the trust. The respondent no. 3 Babban Rai is stated to have instituted a suit in the year 1963 being Original Suit No. 165 of 1963 for an injunction that the plaintiff should be extended the said relief as against the defendant Markandey Bharti for not interfering in his peaceful possession over the properties detailed in the said plaint. A copy of plaint is annexure-4 to the writ petition. It is alleged that Markandey Bharti entered into a compromise with the respondent no. 3 on 11th October, 1963 as a result whereof the suit was decreed in terms of th








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