SIBGHAT ULLAH KHAN, J. - (1.) ORDER dated 20.8.2013 passed in this writ petition on the order -sheet is quoted below: - "Heard Sri S.K. Tiwari, learned counsel for the petitioners and Sri Vijai Bahadur Verma, learned counsel for contesting respondent. Judgement reserved. Sri Tiwari has placed on record the copy of decision in Original Suit No. 320 of 1993 decided by Additional Civil Judge (Junior Division), Faizabad on 30.11.2012. Sri Verma, learned counsel for contesting respondents states that against the said judgement appeal is pending. Writ petition was dismissed on merit on 18.8.2008, however, the said order was set aside in review through order dated 20.5.2013 and through the said order writ petition was directed to be heard again. Hence, today arguments have been heard on the merit of the writ petition."
(2.) THIS writ petition is directed against judgment and order dated 28.6.2007 passed by DDC, Faizabad in Revision Nos. 591/484/235, Smt. Sarswati Devi and others vs. Saheb Singh. Through the said order (Annexure I) revision was dismissed. The revision was directed against order dated 18.1.1994 passed in Appeal No.3927 by the SOC which in turn was directed against an alleged order dated 10.9.1993 passed by C.O., Maqbra rejecting objections of Saheb Singh predecessor -in -interest of opposite parties no. 3 to 5 under Section 9 -A(2) of U.P.C.H. Act as barred by time. Case number is shown to be only T.B. (R.B. Singh vs. Sarswati). Annexure 2 to the writ petition is order of C.O. Final Record, Faizabad dated 02.11.1994 passed in Case No.238, under Section 12 of U.P.C.H. Act Raj Kumari Devi vs. Sarswati Devi directing that over Chak Nos. 1071 and 1028 name of Sarswati Devi should be expunged and name of Raj Kumari Devi should be entered on the basis of registered sale deed dated 20.11.1992 (Smt. Sarswati Devi through the said registered sale deed sold her property to her daughter Smt. Raj Kumari Devi). It is mentioned in the said order that Saheb Singh had filed objections by he did not appear thereafter. Both daughter and mother were petitioners in this writ petition. Now Smt. Sarsawti Devi petitioner no.2 has died and is survived only by petitioner no.1.
(3.) IT is mentioned in the impugned order passed by the DDC that appeal was filed on 2.12.1993 and the dispute related to plot nos. 1071 and 1028. It is further mentioned that in the appeal parties filed compromise and Smt. Sarswati Devi through the said compromise conceded that her name might be expunged and name of Saheb Singh since deceased and survived by respondents no. 3 to 5 of this writ petition the only contesting respondents be entered. In the revision it was contended by the petitioners that no compromise had been entered into.;