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2016 Supreme(All) 2729

RAM SURAT RAM (MAURYA)
Reeta Mehrotra – Appellant
Versus
Board of Revenue, U. P. At Allahabad – Respondent


Advocates Appeared:
For the Petitioner: Ajay Kumar Singh,Ashish Kumar Singh
For the Respondent: C.S.C.,Jitendra Sarin

JUDGMENT

Ram Surat Ram (Maurya),J.

1. Heard Sri Ajay Kumar Singh for the petitioners and Sri Jitendra Sarin for the caveator.

2. The writ petition has been filed against the order of Board of Revenue dated 15.7.2016 by which revision was allowed, order of trail court dated 6.2.2016 was set aside and the matter was remanded to the trial court to decide the points relating to maintainability of the suit after obtaining report from Tehsildar within a period of three months and the parties were directed to maintain status quo till 12.8.2016.

3. A preliminary objection has been raised by the counsel for the caveator that the petitioners have not come to this Court with clean hands inasmuch as they have filed a report of Lekhpal dated 14.9.2015 as Annexure -16 to the writ petition by making interpolation in it. The report was filed in the court on 3.10.2015 and the court has made an endorsement in the margin of the report for taking the report on record but the endorsement made by the court dated 3.10.2015 was rubbed out in order to show that report was submitted on 14.9.2015 although actually it was filed in the court on 3.10.2015.

4. I have considered the preliminary objection raised by the











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