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2023 Supreme(All) 2024

SYED QAMAR HASAN RIZVI
Ram Ajor – Appellant
Versus
Board of Revenue – Respondent


Advocates Appeared:
For the Petitioners: Awadesh Kumar Yadav.
For the Respondents: Anshul Nigam and Amrendra Pratap Singh.

JUDGMENT :

(Syed Qamar Hasan Rizvi, J.) :

Heard, Sri Awadesh Kumar Yadav, learned Counsel for the petitioners, Sri Anshul Nigam, learned Standing Counsel for the State-respondent Nos. 1 and 3 and Sri Amrendra Pratap Singh, learned Counsel for the respondent No. 2.

2. With the consent of the learned counsel for the parties, this Court proceeds to finally decide the present Writ Petition at the admission stage itself.

3. The relevant facts in brief, as narrated by the petitioners in the writ petition, are that the petitioners and respondent No. 2 belong to the same family and the dispute is in respect of a property that belonged to Late Shiv Gulam, who was the ancestor of the petitioners and the respondent No. 2.

4. The submission of the learned counsel appearing on behalf of the petitioners is that the father of the petitioners filed a partition suit bearing Suit No. 35 of 1970 (Ram Aasre and another v. Jhinnu) in the Court of learned Sub Divisional Officer, Bansi, District Basti (the then). The said Suit, on the basis of a compromise between the parties, was decided on 19.8.1970 and the decree was passed on 30.1.1971. The respondent No. 2-Rajendera alongwith two others namely Sri. M

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