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2022 Supreme(All) 1140

SARAL SRIVASTAVA
Zila Panchayat Aurraiya Thru Adhyaksh – Appellant
Versus
Krishna Lal Dixit – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Anshu Chaudhary, Aditya Kumar Tripathi, Anil Kumar Singh
For the Respondent: Aditya Kumar Tripathi

JUDGMENT :

1. Heard Sri Anshu Chaudhary, learned counsel for the petitioners and Sri Aditya Kumar Tripathi, learned counsel for the respondent.

2. The petitioners by means of the present writ petition have assailed the order dated 21.08.1999 passed by the Civil Judge (Senior Division), Etawah in Original Suit No.12 of 1981 (Krishna Lal Dixit Vs. Zila Parishad, Etawah and Others) whereby application 156Ga of the petitioner to abate the suit was rejected, and order dated 24.07.2003 passed by the Additional District Judge, Court No.4, Etawah rejecting the revision of the petitioner.

3. The plaintiff/respondent instituted a suit bearing Original Suit No.12 of 1981 praying for a decree of cancellation of document dated 27.08.1951 and sale deed dated 30.09.1957. The suit was instituted on the ground that the property in dispute was owned by one Sukhi Lal and petitioner was adopted son of Sukhi Lal. It is pleaded that late Sukhi Lal had instituted a suit against plaintiff/respondent before the court of Munsif, Etawah which was dismissed, and the adoption deed of the plaintiff/respondent was held valid. The appeal preferred by late Sukhi Lal against the judgement and decree declaring the adop

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