Jagdish Sahai, J. - (1.) THIS writ petition has been referred to us by a learned single Judge of this Court.
(2.) BY means of this petition the order of the Settlement Officer (Consolidation) holding that the Respondents Nos. 4 and 5 are entitled to a one third share in the agricultural plots in dispute has been challenged. There was a partition suit between the parties. The decree of the learned Munsif, who decided the suit, was appealed against before the learned Civil Judge. While the appeal, was still pending before the learned Civil Judge, the village, in which the plots in dispute lie, was notified Under Section 4 of the UP Consolidation of Holdings Act (hereinafter referred to as the Act). Neither party drew the attention the learned Civil Judge to the notification Under Section 4 of the Act and it was never urged before him that the hearing of the appeal be stayed, Under Section 5(b)(i) of the Act. In ignorance of the notification Under Section 4 of the Act the learned Civil Judge decided the appeal. A second appeal was brought to this Court against the decree passed by the learned Civil Judge, but it was dismissed summarily.
(3.) BEFORE the Settlement Officer (Consolidation) the Respondents placed reliance upon the decree passed by the learned Civil Judge. On the basis of that decree he decided the case in favour of the Respondent. The Petitioners approached the Deputy Director (Consolidation) 'in' revision, but the revision application was dismissed. Thereafter the instant writ petition Was filed, in this Court.;