- (1.) Heard Shri A.K. Dwivedi holding brief of Shri P.K. Giri, learned counsel for the petitioner and Shri Devendra Kumar Tiwari, who has filed a caveat on behalf of respondent no: 3
(2.) This petition arises out of a suit under section 229-B of the U.P. Zamindari Abolition & Land Reforms Act and is directed against the order dated 20.10. 2009 passed by the Board of Revenue in Second Appeal no: 10 of 201213. By this order, the Board of Revenue has set aside the judgments passed by the trial and the first appellate courts and has remanded the matter to the trial Court for a fresh decision of the suit, on merits, after framing issues.
(3.) The contention of learned counsel for the petitioner is that the parties had earlier litigated before the mutation courts on the basis of wills in their favour. This matter travelled up to the High Court and was finally decided by means of the order dated 12.03.2008 passed in the writ petition no: 13257 of 2008 filed by Smt. Shubhawati, who is arrayed as respondent no: 4 in the instant writ petition. The will dated 21.02.1994 in favour of the petitioner, Mahant Ramashanker Bharti, was accepted by the mutation courts, which orders were challenged by means of the writ petition aforementioned.;