- (1.) Heard Mr. S.R. Tiwari, learned Counsel for the petitioner, learned Standing Counsel and carefully perused the record.
(2.) Through the present writ petition under Article 227 of the Constitution of India, the petitioner has sought for following reliefs :- "(I) A writ, order or direction in the nature of certiorari thereby quashing/set-aside the impugned order dated 21.5.2015, passed by opposite party no.1 in Regular Suit No. 337/2015 : Ram Shankar Vs. Suresh Chandra Mishra and others, as contained in Annexure no.1 to the writ petition. (II) A writ, order or direction in the nature of Mandamus commanding/directing the Opposite Parties not to disturb and interfere with the peaceful possession of the Petitioner over the land/house in question bearing Khata No.8, Gata no. 6, Khasra No. 6, situated at Village Niyawa, Pargana-Haveli Avadh, Tehsil Sadar, District Faizabad. (III) A writ, order or direction in the nature of Certiorari thereby quashing/set-aside the proceeding of Reglar Suit No. 337/2015, Ram Shankar Vs. Suresh Chandra Mishra and others pending before the Civil Judge Senior Division Faizabad as contained in Annexure no. 1 & 17 to this writ petition, in the interest of justice. (IV) Any other order or direction which this Hon'ble Court may deem fit just and proper may also kindly be passed in favour of the petitioner. (V) Allow the writ petition with cost in favour of the petitioner."
(3.) Bereft of unnecessary details, in short, the facts of the case are that after a long drawn first round of litigation in respect of land situate iin Pargana Haveli Avadh, Tehsil and District Faizabad , which started in the year 1965 by the predecessor of the parties and spread into multiple litigation in different forums, now the second round of litigation has been initiated by the opposite party No.3-Ram Shanker by filing a suit bearing No. 337 of 2015, before the Civil Judge, Senior Division, Faizabad, inter-alia claiming for a decree to declare the previous decrees issued by the same court to be null and void, to declare all the sale deeds executed prior to 50 years back to be null and void, to issue a decree for demolition of the house of the petitioner.;