- (1.) Heard learned counsel for the petitioner and Sri Mishra for the caveator respondent.
(2.) The dispute relates to the cancellation of a sale deed dated 7.8.1992 and a relief for permanent injunction in a suit filed by the respondent Omwati. The dispute related to an agricultural holding and therefore the trial court held the suit to be not maintainable before the writ court.
(3.) The plaintiff went up in revision and the revisional court has reversed the order of the trial court on the finding that the relief claimed can only be granted by the civil court. The court below has relied on several decisions and has accordingly remitted the matter back to the trial court for proceeding with the suit. Learned counsel has relied on the following decisions to advance his submissions:- Ram Padarath and others Vs. Second Addl. District Judge and other, 1989 1 AWC 290; M/s Swatantra Bharat Paper Mills Pvt. Ltd. and another Vs. State of U.P. and others, 2009 5 AllLJ 535; Kundan Singh Vs. 1st Additional District Judge, Bijnore and others,2008 26 LCD 775; Kamla Prasad and others Vs. Sri Krishna Kant Pathak and other, 2007 4 SCC 213; Pancham Vs. Ram Gen and others,2010 2 AllLJ 581; Shri Ram and another Vs. 1st Additional District Judge and others, 2001 3 SCC 24; Ram Kunwar Singh and others Vs. Promod Kumar and another, 2007 4 AWC 3414; Barkhu and others Vs. Vth Additional District Judge, Basti and others, 2004 4 AWC 3175; Nand Lal Vs. Devi Prasad Singh decided on 20.08.2010.;