RAM SURAT RAM (MAURYA), J. - (1.) Heard Sri R. K. Pandey for the petitioners and Sri S.C. Verma for the respondents.
(2.) The writ petition has been filed against the order of Additional Commissioner dated 30.8.1997 allowing the appeal and the plaintiffs were declared as co -sharer of 2/3 share along with defendant -1 in the land in dispute and the order of Board of Revenue, UP dated 13.5.2015 dismissing the second appeal of the petitioner filed against the aforesaid order.
(3.) A short question has been raised by the counsel for the petitioner in this case that the trial court framed issues and issue no. 2 was to the effect that as to whether the suit is barred under Section 49 of UP Consolidation of Holdings Act, 1953 (hereinafter referred to as the 'Act'). The defendants insisted the trial court to decide issue no. 2 as preliminary issue. However, the trial court declined to decide issue no. -2 as preliminary issue. The defendants filed a revision before the Additional Commissioner. The revision was allowed by the Additional Commissioner by order dated 29.4.1994 and the trial court had been directed to decide issue no. 2 as preliminary issue. Thereafter the trial court has decided issue no. 2 holding that the suit is barred under Section 49 of the Act. Accordingly the suit was dismissed by order dated 19.12.1996. The plaintiffs challenged the decree of the trial court in Appeal No. 119 of 1997. The appeal was heard by Additional Commissioner who by the impugned order dated 30.8.1997 allowed the appeal and set aside the order of trial court dated 19.12.1996 but at the same time he has also decided other issues in the suit and held that plaintiffs have 2/3 share and defendant -1 is also co -sharer along with plaintiffs. The petitioners challenged the aforesaid decree before Board of Revenue, UP in Second Appeal No. 1 of 1997 -98 which was dismissed by order dated 13.5.2015. Hence this writ petition has been filed.;