Jurisdiction in partition suits remains intact despite subsequent land acquisitions, and inherent powers under C.P.C. cannot override specific statutory provisions.

1. Heard Sri R.C. Singh along with Sri Satish Kumar Tyagi, for the petitioner and Sri Ashish Kumar Singh along with Sri Sumit Danga, for respondent - 5.

2. The writ petition has been filed against the orders of Assistant Collector dated 01.04.2016, allowing the application of respondent - 5, setting aside orders dated 28.11.2011, confirming the kurra and 05.12.2011, passing final decree in partition suit, excluding plots 512 (area 0.919 hectare) and 517 (area 0.698 hectare) from preliminary decree dated 20.09.2011/17.10.2011 and directing lekhpal to submit fresh kurra for final decree and Additional Commissioner dated 09.08.2016, dismissing the revision of the petitioner, in proceeding under U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to the Act).

3. Roop Chand Tyagi (respondent - 5) filed a suit (registered as Suit No. 180 of 2011), for partition of joint holdings, recorded in khata 00093 (consisting plots 57 (area 0.738 hectare), 71 (area 1.318 hectare)) of village Azizpur hamlet of village Chandsara and khata 00253 (consisting plots 44 (area 0.367 hectare), 45 (area 0.296 hectare), 48 (area 0.118 hectare), 114 (area 0.120 hectare), 503 (area 1.661 hectare), 512 (area 0.919 hectare) and 517 (area 0.698 hectare)) of village Chandsara, tahsil and district Meerut, under S.176 of the Act. This suit was filed on 23.05.2011.

4. Shiv Chand Tyagi (the petitioner) filed his written statement on 05.08.2011. Assistant Collector, by his order dated 20.09.2011, passed preliminary decree holding share of the plaintiff and defendant - 1 as 1/2 each. In pursuance of the aforesaid order, preliminary decree was drawn on 17.10.2011. Lekhpal submitted kurra on 24.10.2011, which was approved by Assistant Collector by order dated 28.11.2011 and in pursuance thereof final decree was drawn on 05.12.2011. In the final decree an area of 0.0416 hectare of plot 512/1 was fallen in the kurra of Roop Chand Tyagi (respondent - 5) and an area of 0.8774 hectare of plot 512/2 and an area of 0.6980 hectare of plot 517 was fallen in the kurra of Shiv Chand Tyagi (the petitioner). No one challenged preliminary / final decree within time.

5. It may be mentioned that National Highways Authority of India proposed to construct Delhi - Meerut Expressway and issued Notification under S.3 - A of National Highways Act, 1956 on 17.07.2010, proposing to acquire an area of 0.6752 hectare of plot 512 and an area of 0.1042 hectare of plot 517, along with various other plots. Notification dated 17.07.2010 was published in newspapers on 11.08.2010. By Notification dated 15.07.2011 under S.3 - D of , an area of 0.6752 hectare of plot 512 and an area of 0.1042 hectare of plot 517 of village Chandsara, tahsil and district Meerut were acquired.

6. Respondent - 5 filed two time barred revisions on 15.02.2016 i.e. Revision No. 25 of 2016, from the preliminary decree dated 20.09.2011 and Revision No. 26 of 2016 from the final decree dated 28.11.2011, in respect of plots 512 and 517 aforementioned alone. Later on respondent - 5 filed applications on 31.03.2016 for dismissing the revisions as not pressed as the revisions were not maintainable. These applications were allowed and the revisions were dismissed as not pressed.

7. Respondent - 5 filed two applications dated 11.02.2016 under S.151 C.P.C. before Assistant Collector for modifying preliminary decree dated 20.09.2011 and final decree dated 28.11.2011. The petitioner filed his objections dated 14.03.2016, in the aforesaid applications, stating that the applications filed under S.151 C.P.C. after suc