Devendra Kumar Arora, J. - (1.) Heard learned Counsel for the petitioner and perused the record. By means of instant writ petition, the petitioner has challenged the judgment and order dated 03.11.2014 passed by the Civil Judge (Senior Division), Malihabad, Lucknow in Regular Suit No.230 of 2011 and the order dated 27.10.2016 passed by the Special Judge, CBI, Court No.1/ Additional District Judge, Lucknow in Civil Revision No.13 of 2015.
(2.) From the perusal of the record, it comes out that Gur Bachan Singh (opposite party no.3) has preferred a suit for mandatory injunction (Regular Suit No.230 of 2011) against Smt. Munni Devi, Bhola Kashyap and Raj Kumar Kashyap alias Raju (petitioner herein) in favour of plaintiff and against the defendants commanding them, their family members, agents, attorneys etc. to vacate and handover the possession to the plaintiff of the outhouse on the eastern side of House No.279/156, Pan Dariba, P.S. Nakahindola, Lucknow.
(3.) As the defendants to the suit raised a plea regarding undervalue of the suit, as such, the trial court framed Issue Nos. 4 and 5 regarding valuation and the court fee on the relief sought by opposite party no.3 (plaintiff). The trial court after considering the submissions made by the parties decided the issue regarding valuation and court fee against the petitioner on the ground that no evidence has been produced by the petitioner, opposite party no.4 and opposite party no.5 with regard to undervalue and deficiency in payment of the court fee.;