Krishna Murari, J. - (1.) Heard Sri M.K. Nigam, learned Counsel for the petitioners and Sri Y.K. Srivastava appearing for the contesting respondent No. 3.
(2.) Shorn of unnecessary details, the facts relevant for the purpose of the case are as under: The property in dispute belong to one Pashupati Singh. On his death, a dispute arose with regard to inheritance. An objection under section 12 of the U.P. Consolidation of Holdings Act (for short 'the Act') was filed by Smt. Surta, the widow of the deceased tenure-holder for recording her name in his place. Another objection was filed by respondent No. 3 claiming himself to be adopted son of Pashupati Singh. The Consolidation Officer consolidated both objections and by a common order dated 29.11.1975 rejected the objection of Smt. Surta and directed the name of respondent No. 3 to be recorded. The Settlement Officer Consolidation vide order dated 12.2.1976 allowed the appeal filed by Smt. Surta and set aside the order of the Consolidation Officer and directed that her name be recorded in place of deceased Pashupati Singh. Aggrieved, respondent No. 3 filed a revision which was dismissed by the Deputy Director of Consolidation vide order dated 15.11.1976. Respondent No. 2 approached this Court by means of Civil Misc. Writ Petition No. 269 of 1976 which was allowed on 28.11.1996 and dispute was remanded back to Settlement Officer Consolidation to decide it afresh. During pendency of proceedings before this Court, Smt. Surta transferred the land in dispute to petitioners by means of registered sale deed dated 12.3.1996. After remand made by this Court, proceedings were re-opened before Settlement Officer Consolidation. During the pendency of the said proceedings Smt. Surta died on 2.8.2001. Thereafter, the petitioners moved an application under Order I, Rule 10 read with Order XXII, Rule 10 of the Code of Civil Procedure, 1908 (for short the 'Code') for being substituted in place of deceased Smt. Surta.
(3.) The Settlement Officer Consolidation vide order dated 22.4.2003 dismissed the application field by the petitioners. Aggrieved, a revision was filed by the petitioners which was also dismissed by the Deputy Director of Consolidation vide order dated 14.6.2006. Aggrieved, petitioners have approached this Court by filing instant writ petition.;