JUDGMENT :

Siddharth, J.

1. Heard Sri Alok Kumar Yadav, learned counsel for the petitioners and Sri Vipin Bihari, Advocate appearing on behalf of respondent No. 1.

2. This petition has been filed under Article 227 of the Constitution of India praying for setting aside the judgment and order dated 3.2.2009 and 3.3.2009 passed by the trial Court and revisional Court in Original Suit No. 217 of 2009 and in Misc. Case No. 33 of 2009 respectively.

3. Further prayer has been made for a direction to the Civil Judge (Senior Division), Bhadohi, Gyanpur, District-Sant Kabir Nagar to remit issue No. 2 for trial before the Assistant Collector Incharge as per Section 331-A of U.P. Zamindari and Abolition of Land Reforms Act, 1950.

4. The case of the petitioners is that they alongwith respondents IInd set have constructed their houses over plot No. 77 Kha (Old No. 993/1983, area 3.17 hectares) situated in Village Godhna, Taluka Kond, Tehsil Gyanpur, District-Sant Ravidas Nagar. The defendants Ist set tried to demolish their houses in the year 2003 and then on enquiry, it was found that the defendants Ist set has got his name entered into revenue record fraudulently. Hence, the suit was instituted bef