MALTI DEVI Vs. ADDITIONAL DISTRICT JUDGE CT. NO. 7 AND ORS.
LAWS(ALL)-2011-9-430
HIGH COURT OF ALLAHABAD
Decided on September 02,2011

MALTI DEVI Appellant
VERSUS
Additional District Judge Ct. No. 7 And Ors. Respondents

JUDGEMENT

Abhinava Upadhya, J. - (1.) BY means of this writ petition, the Petitioner has challenged the order of the revisional court dated 25.4.2011.
(2.) THE case of the Petitioner is that Original Suit No. 1548 of 1955 was filed by the father of the Petitioner which was decreed in favour of her father in respect of certain land. Thereafter, death of the father, mother of the Petitioner then executed a will in her favour in respect of the same land. The Respondents were encroaching upon the suit property. Therefore, a suit for permanent injunction being Suit No. 1151 of 2007 was filed before the Civil Judge (Junior Division), Gorakhpur. In the said suit the Petitioner filed an application with the prayer that a direction be issued to the relevant authority to prepare a scale map of the suit property and then the said scale map were superimposed upon the map attached with the plaint in Suit No. 1548 of 1955.
(3.) THE court below partly allowed the application, inasmuch as, directed for preparing a scale map and rejected the prayer for superimposing on the map upon the plaint in Suit No. 1548 of 1955. The ground for refusal was that the Petitioner had not filed the plaint of the Suit No. 1548 of 1955.;


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