- (1.) THIS second appeal has been filed against the judgment and decree dated 29-1-2003 passed by learned Additional Commisioner, Moradabad in Appeal No. 60/2001-2002 arising out of a case No. 147/99 under Section 229-B of the U. P. Z. A. and L. R. Act.
(2.) BRIEFLY, facts are that Chhanga instituted a suit before the trial Court. The trial Court passed an order that the suit of the plaintiff would stand decreed partly till the decision by a competent Civil Court was received. Against this order an appeal was filed which was allowed and the order passed by t he trial Court was set aside. Feeling aggrieved by thjis order the present second appeal has been filed. I have heard the learned Counsel for the appellant and caveator and also seen the papers. From a perusal of the record, it is obvious that the Civil Suit No. 111/96 Chhanga v. Shahzade etc. , which was going on between the parties had been decided on 23-5-2002. The trial Court partly decreed the suit and mentioned that there is still a case pending before the Civil Court. In the circumstances the order passed by the trial Court cannot be sustained. The learned Addional Commissioner has passed the correct order which needs no interference at this stage. No substantial question of law is involved in the present case. I do not see any reason to interfere in the second appeal.
(3.) THE second appeal is not fit for admission and is dismissed summarily. Appeal dismised. .;