- (1.) Heard Sri H.N. Shukla, for the petitioners and Sri Alok Yadav, for the contesting respondents. As in these writ petitions common questions are involved between the same parties as such all the writ petitions were consolidated and heard together and are decided by common judgment.
(2.) Writ Petition No. 42845 of 2015 has been filed against the order of Board Of Revenue, U.P. dated 12.05.2015, passed in Revision No. 861 of 2015, Writ Petition No. 43778 of 2015 has been filed against the order of Board Of Revenue, U.P. dated 12.05.2015, passed in Revision No. 860 of 2015 and Writ Petition No. 44662 of 2015 has been filed against the order of Board Of Revenue, U.P. dated 12.05.2015, passed in Revision No. 859 of 2015. By these orders revisions have been admitted against the orders of Deputy Collector, rejecting the applications of the respondents under Section 10 C.P.C. and records of the suits have been summoned, arising out of the suits for partition under Section 176 of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the Act).
(3.) The petitioners filed a suit (registered as Suit No. 79/89) under Section 176 of the Act, for partition of plot 21 (area 0.466 hectare) of village Auka, pargana Rari, district Jaunpur. It has been stated by the petitioners that they were co-sharers along with the contesting defendants, in which they had 2/9 share jointly. Due to plot being joint, there is always dispute between the parties in respect of use and occupation on the spot as such their share be separated. The defendants filed an application for staying the proceeding of the suit under Section 10 C.P.C. It has been stated that in between the parties O.S. No. 1350 of 2008 Ram Sumer Vs. Radhey Shyam, in respect of same property in dispute is pending in Civil Court in which interim injunction has been granted as such this suit is liable to be stayed.;