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2022 Supreme(All) 1819

JASPREET SINGH
Hansraj Yadav – Appellant
Versus
Addl. Commissioner (Judicial), Ayodhya Division Ayodhya – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mehdi Abbas Rizvi, Ishwar Dutt Shukla

JUDGMENT :

1. Heard Sri I.D. Shukla, learned counsel for the petitioner as well as the learned Additional Chief Standing Counsel for the State-respondents.

2. Under challenge is the order dated 25.10.2021 passed by the Additional Commissioner (Judicial) Ayodhya Division, Ayodhya in a Revision whereby the order dated 22.03.2017 passed by the Settlement Office of Consolidation, Sadar, District Sultanpur has been affirmed.

3. The issue involved in the present petition is regarding the applicability of Section 10 C.P.C. in the proceedings. A dispute broke out between the petitioner and the private respondent no. 3 in respect of the property left behind by the mother of the petitioner and the mother-in-law of the respondent no. 3.

4. The land in dispute is a house situate in Abadi land and it also relates to the agricultural land of Khata No. 709, Khata No. 598, Khata No. 402 and 601 situate in Village Lakkhipur, Pargana Miranpur, Tehsil Sadar, District Sultanpur. The house as well as the agricultural property both was created by Sri Satya Narayan Yadav and upon his death, it was succeeded by his wife Smt. Dhanpati. Sri Satya Narayan Yadav was survived by his two sons Sri Hansraj Yadav, the

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