Sudhir Agarwal, J. - (1.) Heard Sri Vishnu Kumar Singh, Advocate holding brief of Sri A.K. Rai, learned counsel for petitioner and Standing Counsel.
(2.) This writ petition under Article 226 of the Constitution of India has arisen from judgment and order dated 6th July, 2009 passed by Additional District Judge/Special Judge, E.C. Act, Ghazipur in Misc. Civil Appeal No. 15 of 2007 - Smt. Sursati Devi v. Rama Rai whereby lower Appellate Court has allowed the appeal and set aside order dated 24th August, 2007 passed by Civil Judge (Junior Division), Ghazipur in Misc. Case No. 39/90 of 1974.
(3.) Brief facts giving rise to present dispute are as under:;