- (1.) SIBGHAT Ullah Khan, J. Heard learned counsel for the parties.
(2.) RESPONDENT No. 3 Binda Deen Pandey has filed an injunction suit in the form of Original suit no. 44 of 1994 against respondent nos. 4 and 5 Amar Bahadur Singh and Sher Singh. Petitioner filed application for impleadment stating therein that land in dispute was in the possession of the petitioner and on 22. 7. 1979 Gaon sabha had executed a patta in favour of the petitioner in respect of land in dispute. The impleadment application was allowed by the trial court/IIIrd Additional Civil Judge (Junior Division), Fatehpur on 8. 9. 2000. Against the said order plaintiff-respondent no. 3 filed Civil revision no. 51 of 2000. Additional District Judge, Court no. IV, Fatehpur allowed the revision on 2.8.2011. The said order has been challenged through this writ petition. The plaintiff claimed that part of the property in dispute over which his house was constructed was purchased by him through sale deed dated 6. 10. 1970 from Ram Sewak and in respect of the other part of the property in dispute which was in the form of court-yard and southern part of phulwari (flower garden), the Gram pardhan of Malwan had granted permission deed (Ijajatnama) on 8. 3. 1971 to the plaintiff. The property is adjacent to the G. T. Road. Petitioner in his impleadment application stated that the entire disputed property was leased out to him by Gram samaj on 22. 7. 1979 and patta was executed and he got the map for construction passed from Public works department (P. W. D.). It was further stated that defendants of the suit intended to compromise the matter with the plaintiff.
(3.) IN the judgment of the revisional court date of the order of the trial court against which revision was filed is mentioned as 8. 2. 2000.;