- (1.) Heard Sri N.C. Rajbanshi, Senior Advocate, assisted by Sri Lallan Verma, for the petitioners and Sri Naveen Sinha, Senior Advocate, assisted by Sri Rajeev Mishra, for the contesting respondent-4.
(2.) This writ petition has been filed against the orders of Assistant Collector dated 13.10.2014 and 18.10.2014, approving the kurra and directing for preparation of final decree, Additional Commissioner dated 24.03.2015 and Board of Revenue, U.P. dated 23.07.2015, dismissing the appeal and second of the petitioners in the suit for division under Section 176 of U.P. Zamindari Abolition And Land Reforms Act, 1950 (hereinafter referred to as the Act).
(3.) Surya Vaibhav Developers Private Ltd. (respondent-4) filed a suit (registered as Suit No. T 2014112809) under Section 176 of the Act, for division of its share in plot 1536 (area 0.5440 hectare) of village Shahpur Bamhauta, pargana Dasna, district Ghaziabad. It has been stated in the plaint that the plaintiff has purchased an area of 0.4078 hectare of plot 1536, from other co-sharers of the petitioners and its name was mutated in the revenue records. The remaining area of this plot belongs to the petitioners. The plaintiff requested the petitioners for division of the share of the plaintiff which was not agreed by the petitioners as such the suit was filed.;