Satya Poot Mehrotra and S.C. Agarwal, J. - (1.) THE petitioner has filed the present writ petition making the following prayers: (i) Issue a writ, order or direction in the nature of mandamus commanding to District Magistrate to take decision in terms of judgment reported Hinch Lai Tiwari v. Kamla Devi and others., 2001 (92) RD 689 (ii) Issue a writ order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, (iii) To allow the writ petition and award the cost in favour of the petitioner.
(2.) FROM the averments made in the writ petition, it appears that the dispute pertains to plot No. 474 situated in village Mahmoodpur, Pargana Hapur, Tehsil Hapur, district Ghaziabad. The respondent No. 4 along with certain other persons (plaintiffs) filed a Suit being Civil Suit No. 107 of 2002, in regard to the land - in -question in the Court of Civil Judge (Junior Division), Hapur, Ghaziabad. The petitioner herein was impleaded as the defendant No. 4 in the said Suit. Issues were framed in the said Suit. Issue No.6 was as to whether the Civil Court had no jurisdiction to hear the Suit. The Trial Court by the order dated 8.5.2006 decided Issue No. 6 holding that the Civil Court had no jurisdiction to hear the said Suit, and accordingly directed the plaint to be returned to the plaintiffs for presentation before the competent Court. Thereupon, the plaintiffs in the said Suit filed an appeal being Misc. Civil Appeal No. 30 of 2006.
(3.) LEARNED Additional District Judge, Hapur, Ghaziabad by the Judgment and Order dated 27.1.2007 allowed the said Appeal and set - aside the finding recorded by the Trial Court on Issue No.6 and remitted the matter to the Trial Court for deciding Issue No.6 again in the light of the conclusions mentioned in the said Judgment and Order dated 27.1.2007.;