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2023 Supreme(All) 1849

CHANDRA KUMAR RAI
Ashok Kumar Singh – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: S.P. Tewari, Adya Prasad Tewari, S.S. Tripathi.
For the Respondent: C.S.C., Abhishek Misra, Alpana Tiwari, Durgesh Chandra Tiwari, R.C. Singh, R.C. Singh, S.M. Shukla, Sanjay Kumar Pandey, Surya Pratap Yadav, Virendra Prakash.

JUDGMENT :

1. Heard Mr. A.P. Tewari, Counsel for the petitioner, Mr. S.P. Yadav and Mr. Durgesh Chandra Tiwari, Counsel for the contesting respondent Nos.13, 14 and 15 and learned Standing Counsel for respondent Nos.1 to 3.

2. Brief facts of the case are that one Santu was recorded tenure holder of the plot in dispute and after death of Santu dispute arose and Smt. Dubeya widow of late Santu filed a suit under Section 229-B of U.P.Z.A.& L R. Act in respect to the plot mentioned in list 'A' of the plaint. The aforesaid suit was filed on 14.11.1990 bearing Suit No.180 of 1990. During pendency of the suit, one application has been filed by plaintiff Smt. Dubeya on 06.08.2005 for exclusion of name of defendant No. 1 to 5 and 9 to 25 from the array of the parties of defendant on the ground that their names have already been expunged from the revenue record. It was also prayed that Ramesh, Rakesh and Suresh sons of Ram Dhuni be added as defendant No.1, 2 and 3 in the array of the defendants of the suit. It is also prayed that in place of defendant No.4, the name of Pushpa Devi be added. Sub-Divisional Officer vide order dated 06.08.2005 allowed the application filed by plaintiff-Smt. Dubey

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