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2019 Supreme(All) 2067

IRSHAD ALI
Paras Nath – Appellant
Versus
Addl. District Judge A. Nagar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Saryu Prasad Tiwari.
For the Respondent: Dinesh Kumar Srivastava.

ORDER :

1. Heard learned counsel for the petitioners and to Sri. Dinesh Kumar Srivastava, learned counsel for respondent No. 3.

2. On the instruction issued by this Court, Sri. Shatrughan Chaudhary, learned Additional Chief Standing Counsel addressed to this Court on the point involved.

3. By means of the present writ petition, the petitioners are challenging the orders dated 08.01.2019, passed by respondent No. 1 and the order dated 27.02.2018, passed by respondent No. 2, whereby the Court fee deposited in filing the suit for cancellation of sale deed and permanent injunction with consequential relief has been declared to be insufficient.

4. Factual matrix of the case is that plot No. 310 was originally recorded in the name of Sri. Ram Kumar and plot No. 311 was recorded as Banjar land situated in Village Palai Kalyanpur, Pargana and Tehsil Akbarpur, District Ambedkarnagar.

5. Sri. Raj Kumar belongs to Scheduled Caste Category and was recorded as owner of plot No. 310. A sale deed was executed on 02.01.1992 in favour of Sri. Ram Bali and Ram Himanchal, who belongs to the same community. Sri. Ram Bali and Ram Himanchal executed a sale deed on 09.01.1992 in favour of Sri. Laljeet, Amarje

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