MOHD. JAVED AND OTHERS Vs. ADDITIONAL CIVIL JUDGE (SENIOR DIVISION) GONDA AND OTHERS
LAWS(ALL)-2018-3-490
HIGH COURT OF ALLAHABAD
Decided on March 30,2018

Mohd. Javed And Others Appellant
VERSUS
Additional Civil Judge (Senior Division) Gonda And Others Respondents

JUDGEMENT

MAHENDRA DAYAL,J. - (1.) I have heard learned counsel for the parties and have also perused the record.
(2.) The petitioners have filed this writ petition for quashing of the order dated 30.11.2011 passed by Additional Civil Judge (Senior Division) Gonda in Appeal No. 12 of 2005.
(3.) The brief facts of the case are that the respondent No. 3 (now deceased) claiming himself to the the owner of House No. 264 situated in Mohalla Macarthiganj, Post Dadua Bazar, Gonda, filed a suit for declaration on the ground that the land on which the house exists, was obtained on lease from Raja Ayodhya. The house along with several shops were constructed by him and the shops were let out to different tenants. The declaratory suit filed by the deceased respondent No. 3 was decreed on 01.07.1998. The appellants on the basis of a forged partition deed, applied for mutation of their names in the records of the Municipal Board, upon which, notice was issued to the deceased respondent No. 3 and in pursuance to the said notice, he also filed objections. However, the Municipal Board allowed the mutation application of the petitioners and their names were mutated. The aforesaid mutation order was challenged by the deceased respondent No. 3 by filing Appeal No. 12 of 2015, which was dismissed by First Additional Civil Judge (Senior Division), Gonda on 08.12.2010. The deceased respondent No. 3 then approached this Court by filing Writ Petition No. 41 of 2011, which was allowed on 21.02.2011 and the order dated 08.12.2010 was quashed. The matter was remanded back to the appellate court for decision afresh.;


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