RAMAGYA MISRA Vs. KRISHNA MOHAN AND 5 OTHERS

JUDGEMENT

(1.) Heard learned counsel for the defendant-petitioner; learned Standing Counsel for the State respondents and Shri P.K. Singh, learned counsel for the contesting respondents.

(2.) The defendant-petitioner is before this Court assailing the order dated 27.3.2017 passed by the Civil Judge (Junior Division), Court No. 10, Deoria, by which he has affirmed the report of the Amin (37-C), Field Book (38-C) and Map (39-C) filed in Original Suit No. 60 of 2013 (Krishna Mohan and others v. State of UP and others), and the order dated 8.3.2018 passed by the Additional District Judge, Court No. 2, Deoria, whereby he has dismissed the revision and affirmed the order of the trial court dated 27.3.2017.

(3.) The plaintiffs-respondents (1st set) instituted a suit for permanent injunction against the defendant-petitioner and the same was registered as Original Suit No. 60 of 2013 (Krishna Mohan and others v. State of UP and others ). In the suit proceeding, learned Court below had directed for preparation of map of the suit property and in compliance thereof, the map and the field book were prepared (Paper Nos.37G and 39G). Both the reports were objected by the petitioner-defendant that the field book was not prepared in accordance with law. There is a road in north side of Sikami Nos.68, 69, 70, whereas in the Amin's report, another spot has been mentioned. Various other objections were also raised regarding preparation of the map and the request was made before the trial court to set aside the Paper Nos.37-Ga, 38-Ga, 39-Ga. Learned trial court had rejected the said objection by the order impugned dated 27.3.2017. The aforesaid order was assailed by the petitioner in Civil Revision No. 55 of 2017 but the revisional Court has dismissed the revision in question on 8.3.2018.