MANISH MATHUR
Deepak – Appellant
Versus
Distt. Judge, Hardoi – Respondent
JUDGMENT :
(Manish Mathur, J.)
1. Heard Mr. Anurag Narain Srivastava, learned counsel for the petitioners and Mr. Sharad Dwivedi, learned counsel for opposite party no.3.
2. Vide earlier order dated 24th March, 2023, notices to opposite party nos.2, 4 and 9, being proforma in nature, were dispensed with.
3. Counter and rejoinder affidavits filed on behalf of parties today are taken on record.
4. Petition under Article 226 of the Constitution of India has been filed raising challenge to the order dated 10th February, 2023 passed in Civil Revision No.6 of 2023 as well as order dated 21st December, 2022 passed by the trial Court under Order XXI Rule 29 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code") as well as revisional order dated 06th March, 2023 affirming the same.
5. Learned counsel for the petitioner submits that initially Regular Suit No.355 of 1988 was filed by the opposite party no.3 against late Suresh Chandra initially seeking relief of permanent injunction and subsequently by amendment, the relief of possession. The said Suit although was initially dismissed on 08th May, 1996 but Appeal No.115 of 1996 was allowed by means of judgement and order
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