Sunita Agarwal, J. - (1.) Heard learned counsel for the petitioner and learned Standing Counsel. Sri Tariq Maqbool Khan, learned Advocate has put in appearance on behalf of respondent Nos.4, 5 & 6. By means of the present writ petition, the petitioner is challenging the order dated 18.5.2016 passed by the Collector, Gorakhpur in accepting the transfer application moved by the respondents for transferring the Declaratory Suit No.57 of 2010 filed by the respondents with the pending restoration application filed by the respondents in Partition Suit No.65 of 2009.
(2.) From the record, it transpires that with regard to the disputed property, partition suit under Section 176 of U.P. Z.A. & L.R. Act has been filed by the petitioner impleading other co-sharers of the disputed property in which a preliminary decree dated 21.12.2009 was passed. Terming it as an ex-parte decree, the respondent Nos.7 to 12 have moved recall application. Simultaneously, they have also filed a Declaratory Suit which was registered as Case No.57 of 2010.
(3.) It appears that the Declaratory Suit was earlier decreed on 6.12.2010, however, the said decree was recalled on the application moved by the petitioner and now both the proceedings are pending in the Court of Sub-Divisional Magistrate, Basgaon, Gorakhpur.;