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2021 Supreme(UK) 654

RAVINDRA MAITHANI
Sumitra Devi – Appellant
Versus
Dinesh – Respondent


Advocates Appeared:
Mr. Siddhartha Sah, Advocate, for the Appellant; Mr. Tapan Singh, Advocate, for the Respondent.

JUDGMENT

Ravindra Maithani, J. (Oral). - Since common questions of law and facts are involved in both these revisions, they are being decided by this common judgment.

2. Civil Revision No. 49 of 2021 is directed against the order dated 23.01.2021 passed in Original Suit No. 86 of 2015, Smt. Sumitra Dvei and another v. Dinesh and others (for short, "the suit"), by the court of Civil Judge (Sr. Div.), Kashipur, District Udham Singh Nagar. By the impugned order, a Commission was issued to identify the disputed land, and revenue officers were directed to submit the report on the points as indicated in the order. Those points have been enumerated in para 43 of the impugned order.

3. Facts necessary for considering the controversy, briefly stated, are that the revisionists filed the suit for permanent injunction on the ground that they being owners in possession of the disputed land (Plot No. 55 M No. 55/2 area 0.404 hect., 55/2 area 0.405 hect. and 55/2 area 0.405 hect., total area 1.214 hect.) situated in village Gangapur Gosain, Tehsil Kashipur, District Udham Singh Nagar, but the respondents forcibly want to dispossess the revisionists from the disputed land and want to grab the dispute

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