CHOWDHARY MOHD.FAZLE RAB ETC. Vs. SALMA BANO AND ANOTHER, ETC.
LAWS(ALL)-2008-11-154
HIGH COURT OF ALLAHABAD
Decided on November 15,2008

Chowdhary Mohd.Fazle Rab etc. Appellant
VERSUS
Salma Bano Respondents

JUDGEMENT

S.K.GUPTA, J. - (1.) THE Appellant filed the following suits for dispossession and demolition: (i) Regular Suit No. 150 of 1975, 'Chowdhary Mohd. Fazle Reb v. Modi Mohd. Islam'. (ii) Regular Suit No. 156 of 1975, 'Chowdhary Mohd. Fazle Reb v. Amir Hasan', (iii) Regular Suit No. 155 of 1975, 'Chowdhary Mohd. Fazle Reb v. Quddus', (iv) Regular Suit No. 151 of 1975, 'Chowdhary Mohd. Fazle Reb v. Jagdev", (v) Regular Suit No. 152 of 1975, 'Chowdhary Mohd. Fazle Reb v. RamAshrey1, (vi) Regular Suit No. 153 of 1975, 'Chowdhary Mohd. Fazle Reb v. Ram Newaf, (vii) Regular Suit.No. 142 of 1977, 'Chowdhary Mohd. Fazle Reb v. Abdul Sammad.
(2.) THE issues were framed in the aforesaid suits separately and thereafter all the suits were consolidated and Regular Suit No. 150 of 1975 was treated as the leading case. By a common judgment and order dated 18.4.1983 learned Munsif, Akbarpur (now Civil Judge (Junior Division), Ambedkar Nagar) decreed the aforesaid suits. Aggrieved by and dis-satisfied with the judgment and order dated 18.4.1983, the defendants-respondents filed 7 separate appeals before the lower appellate Court. The Civil Appeal No. 266 of 1983 arising out of order dated 18.4.1983 passed in Regular Suit No. 150 of 1975 was treated as a leading case.
(3.) THE District Judge, Faizabad after setting aside the order dated 18.4.1983 allowed the aforesaid appeals and remanded the case back to the trial Court with the direction to decide all the issues arising in the aforesaid seven suits and further granted liberty to the parties to adduce further evidence if required. Aggrieved by the order dated 17.7.2008 passed by District Judge, Faizabad in Appeal Nos. 266 of 1983, 281 of 1983, 282 of 1983, 283 of 1983, 288 of 1983, 289 of 1983, 290 of 1983 the appellant preferred the instant appeals before this Court.;


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