- (1.) IN this case on 13.11.2013, following order was passed on the order sheet. "Heard Shri Afzal Hasan, learned counsel for the petitioner and Shri R.N. Tiwari, learned counsel for the respondents no. 2 and 3. Order reserved. Shri R.N. Tiwari, learned counsel has argued that according to the case of the contesting respondents, they never filed any application jointly with the petitioner for mutation on the ground that petitioner and both the contesting opposite parties being real brothers and nephews and the deceased Kanhai should inherit the property and in this regard reference has been made to annexure no. 4 to the writ petition. The memorandum of the appeal, in para 1 of which petitioner himself denied his thumb impression on the said application. Learned counsel for both the parties agree that in porceedings under section 12 U.P. Consolidation of Holdings Act title has to be decided by the consolidation courts. Until delivery of order status -quo shall be maintained."
(2.) THIS writ petition arises out of orders passed by consolidation courts. First order was passed by C.O. Bhinga District Sravasti in case no. 68 of 2011 -2012 dated 20.7.2012. Said order was reversed by S.O.C. Sravasti through order dated 14.02.2013 passed in appeal no. 361. Thereafter, O.P. No. 3 and 4, Ram Pher and another filed revision no. 15 Ram Pher vs. Gura Prasad and others Assistant D.D.C./ A.D.M. Finance and Revenue Sravasti allowed the revision through judgment and order dated 30.8.2013 set -aside the order of the S.O.C. dated 14.02.2013 and restored the order of the C.O. dated 20.7.2012, hence, this writ petition.
(3.) THE dispute was regarding devolution of the agricultural land left behind by Kandhai. Opposite parties no. 3 and 4 Ram Pheran and Anokhi claimed that Kandhai had executed registered will in their favour on 11.6.1987. Petitioner as well as Ops No. 3 and 4 are nephews of Kandhai, Ram Lal father of petitioner and Ram Manorath father of Ops no. 3 and 4 were real brothers of Kandhai. Shri Kandhai died issueless and not leaving behind any widow also.;