SAVITA SHUKLA Vs. STATE OF U P
LAWS(ALL)-2012-7-207
HIGH COURT OF ALLAHABAD
Decided on July 27,2012

Savita Shukla Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

- (1.) Petitioner seeks quashing of the order dated 06.02.2008 and dated 07.02.2007.
(2.) Facts in short leading to the present writ petition are as follows: Respondent Smt. Ashok Lata, married daughter of Jagdish Narain Misra @ Jagdish Prasad filed Original Suit No. 374 of 2002 for the following relief: (a) for cancellation of the sale deed dated 16.11.1999, said to have been executed by one Om Prakash in favour of the present petitioner, namely Smt. Savita Shukla, as also for a permanent injunction restraining the defendant from interfering in the possession of the plaintiff over the agricultural plot no. 52, village- Kukradeo, tehsil- Bilhaur, district-Kampur.
(3.) In the aforesaid suit the defendant-petitioner Smt. Savita Shukla put in appearance and raised a preliminary objection that the suit was not maintainable before the civil court as the proper remedy available to the plaintiff was to file a suit under Section 229-B before the revenue court. Such preliminary objection raised by the defendant-petitioner was rejected by the trial court vide order dated 15.07.2002. Not being satisfied, the defendant-petitioner filed Civil Revision, which was numbered as Revision No. 52 of 2007, which has also been dismissed by the District Judge, Court No. 5, Kanpur Dehat vide order dated 06.02.2008. Hence this petition.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.