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2016 Supreme(All) 3952

MANOJ KUMAR GUPTA
Ram Ratan – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner:- Akhtar Ali
For the Respondent:- C.S.C.,Mahesh Narain Singh

JUDGMENT

Manoj Kumar Gupta, J.

Heard counsel for the petitioner, learned standing counsel for respondent nos. 1 to 4 and Shri M.N. Singh for respondent no. 7.

2. In a suit filed under Section 176 of U.P.Z.A. & L.R. Act, 1950 a preliminary decree was passed on 12.1.1991. During the course of the proceedings for preparation of final decree, the Lekhpal prepared kurras. Respondent nos. 5 and 6 filed objections against the kurras. The trial court by order dated 29.4.2014 rejected the objections and confirmed the kurras and directed for final decree being prepared accordingly. Aggrieved by the said order, the respondent nos. 5 and 6 filed an appeal. The appellate court, being of the opinion that the appeal was confined only to kurra allotted to the respondent nos. 5 and 6 whereas the other kurras have not been challenged, dismissed the appeal by order dated 19.7.2014, with liberty reserved in favour of the respondents to file a fresh appeal challenging the correctness of all the kurras. In pursuance of the liberty so granted, the respondent nos. 5 and 6 filed another appeal before the Commissioner, which has been decided by order dated 21.12.2015 by Additional Commissioner Meerut Divisio





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