- (1.) This writ petition is directed against the order dated 17th Sept 1992, passed by Additional Commissioner, Varanasi Division, Varanasi, making reference to the Board of Revenue for setting aside the order dated 20th Feb, 1991, passed by Sub Divisional Magistrate, Ghazipur, whereby the application for restoration was allowed and the order of Board of Revenue dated 5/07/1993, accepting the said reference made by the Additional Commissioner.
(2.) The facts, in brief, are that respondents 3 and 4 had filed a suit against the petitioner under Sections 59/190 of U.P. Tenancy Act on 30/06/1972 for declaration of their rights over the land in dispute in the said suit, the petitioner had filed written statement and denied the allegations of the plaintiffs. The suit was dismissed for default on 7th Sept. 1974. The Respondents filed an application for restoration. The restoration application was allowed on 19/12/1974. The suit was again dismissed in default for non-appearance of the plaintiff-respondents on 7/08/1975. It was again restored. The matter again proceeded and again the plaintiff-respondents did not appear in the case and it was dismissed for default on 2/05/1977.
(3.) After a gap of about twelve years, proceedings under Section 145, Cr. P.C. were initiated on the report of the Station House Officer, Kotwali, Ghazipur. The proceedings were, however, dropped by the Sub Divisional Magistrate, Ghazipur, by his order dated 11/01/1990. It was found that the petitioner was in possession on the date of preliminary order. After the decision of Sub Divisional Magistrate, the respondents filed suit No. 167 of 1990 on 26/02/1990, in the Court of Munsif, Ghazipur for restraining the petitioner from interfering in their possession. They also prayed for interim injunction. The learned Munsif, on the date of filing of the plaint, granted interim injunction. The petitioner filed objection to the said application and, after hearing counsel for the parties, the trial court vacated the injunction order on 26/04/1990. The respondents filed an appeal against the said order and the said appeal is alleged to be pending.;