Dr. Devendra Kumar Arora, J. –

Heard Mr. Mohd. Arif Khan, Senior Advocate, assisted by Mr. Mohd. Aslam Khan, learned Counsel for the petitioners and perused the record.

2. At the outset, Mr. Mohd. Arif Khan, Senior Advocate, appearing on behalf of the petitioner has submitted that he does not want to press the relief No.1 i.e. That by a writ of certiorari the entire proceedings of the suit which are nothing else than an abuse of process of law may kindly be quashed, therefore, he may be permitted to delete the relief No. 1 from the relief clause.

3. The request of learned Senior Counsel appearing on behalf of the petitioner is accepted.

4. Learned Senior Counsel appearing on behalf of the petitioner is permitted to delete relief No.1 from the relief clause during the course of the day.

5. In view of the order proposed to be passed, issuance of notice to opposite parties nos. 2 and 3 is hereby dispensed with.

6. Submission of the learned Senior Counsel appearing on behalf of the petitioner is that issue with respect to the land in question i.e. Gata No. 466M area 0.11 hectors situated at village Noorpur, Pargana, Tehsil and District Bahraich (now Pargana & Tehsil Payagpur, Distri