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MANOJ KUMAR TIWARI, MANOJ KUMAR TIWARI
Jagir Singh – Appellant
Versus
Kulwant Kaur – Respondent


Advocates:
Counsel for the Parties:
For the Petitioners:Mr. Siddhartha Singh, Advocate
For the Respondent:Mr. M.S. Tyagi, Senior Advocate, assisted by Mr. Rajendra Tamta, Advocate

JUDGMENT

Manoj Kumar Tiwari, J.—This writ petition is directed against the order dated 18.07.2022 passed by 1st Additional Civil Judge, Haridwar in Original Suit No. 177 of 2017 and also the judgment dated 15.02.2022 passed by 3rd Additional District Judge, Haridwar in Revision No. 48 of 2022.

2. By the impugned order, learned trial court held that the suit for permanent injunction filed by respondent before a Civil Court is not barred by Section 331 of Uttar Pradesh Zamidari Abolition and Land Reforms Act, 1950 (from hereinafter referred to as the “Z.A. & L.R. Act”). The view taken by trial court was affirmed by revisional Court.

3. The facts, on which there is no dispute, are that both plaintiff and defendants are recorded as Bhumidhar in respect of agricultural land comprised in Khasra No. 3 M situate in village Peetpur, Pargana Roorkee, District Haridwar, which they purchased from Lakhwinder Singh and Balwinder Singh, by means of separate sale deeds. Petitioners filed a suit for partition of the joint holding before Assistant Collector, Ist Class, Haridwar under Section 176 of Z.A. & L.R. Act, which is pending. Respondent filed a suit for permanent prohibitory injunction in the

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