RAM SURAT RAM,J. - (1.) Heard Sri P.K.S. Paliwal, for the petitioners and Sri Akhilesh Kumar Dwivedi, for respondents-3 and 4.
(2.) The writ petition has been filed for quashing the order of Sub-Divisional Officer dated 25.04.2017, granting interim injunction, directing the parties to maintain status quo on the spot and for quashing entire proceeding of Suit No. 219/24.04.2015 of 2017 (Jai Prakash Rai and Another v. Akhilesh Rai and others) , under Section 116 of U.P. Revenue Code, 2006, filed for partition of their 37/54 share in plot 77 Gha (area 0.446 hectare = 1 acre 103 link) of village Isarpar, tahsil Nizamabad, district Azamgarh.
(3.) Jai Prakash Rai and Jagdish Rai (respondents-3 and 4) filed Suit No. 219/24.04.2015 of 2017 (Jai Prakash Rai and Another v. Akhilesh Rai and others) , under Section 116 of U.P. Revenue Code, 2006, filed for partition of their 37/54 share in plot 77 Gha (area 0.446 hectare =1 acre 103 link). They stated in plaint that the disputed land initially belonged to Akhtiyar Rai, Lakhan Rai and Padarath Rai, who had ? .. " share each in it. The plaintiffs purchased entire share of Raj Bahadur Rai (of the branch of Akhtiyar Rai) through sale deed dated 11.07.1991, Rajendra, Akhilesh, Arvind and Arun sons of Aditya Nairain (of the branch of Lakhan Rai) through sale deed dated 13.01.1992, Madan Mohan, Rama Shankar (of the branch of Akhtiyar Rai) and Prem Shankar (of the branch of Lakhan Rai) through sale deed dated 27.02.1993, Shree Nath, Krishna Kumar, Anil Kumar and Krishna Murari (of the branch of Lakhan Rai) through sale deed dated 14.02.1997 and Sachchida Nand (of the branch of Padarath Rai) through sale deed dated 14.02.1997. Their share in disputed property was 37/54. From the dates of respective sale deeds, they had been in possession of the land purchased by them. Akhilesh Rai and Umesh Rai (the petitioners) purchased 1/18 share of Prem Sheela and Priyambada, daughters of Bashishtha Narian (of the branch of Padarath Rai) through sale deed dated 31.03.2010. Remaining share belonged to the other persons of the pedigree. Along with the plaint an application for interim injunction was also filed. Sub-Divisional Officer by order dated 25.04.2017, directed the parties to maintain status quo on the spot. Hence this writ petition has been filed.;