DEVI DATT Vs. SOHAN SINGH
LAWS(ALL)-1999-9-264
HIGH COURT OF ALLAHABAD
Decided on September 23,1999

DEVI DATT Appellant
VERSUS
SOHAN SINGH Respondents

JUDGEMENT

S.P.PANDEY, J. - (1.) THIS is a revision preferred against the judgment and order dated June 6, 1 997, passed by the learned Additional Commissioner, Moradabad Division, Moradabad arising out of the judgment and order dated February 13, 1997, passed by the learned Trial Court in the proceedings under Sec-lion 198(4)of U.P. Z.A. & L.R. Act.
(2.) BRIEF and relevant facts of the case are that during the proceedings of the case, the plaintiff-appellant moved an applica­tion for stay before the learned Trial Court on 7-1-1997. The learned trial Court or­dered for maintaining the status quo on the spot by the parties concerned. On 13-2-1997 the learned Trial Court after hearing the parties vacated the aforesaid stay order. Aggrieved by this order an appeal was preferred. The learned Additional Commissioner on 6-6-1997 has dismissed the appeal. Hence this revision. I have heard the learned Counsel for the parties and perused the records on file. For the revisionist it was contended that the aforesaid impugned non-speaking order has been illegally passed by the learned Additional Commissioner who has completely ignored the relevant provisions of law as such the same be set aside. The learned counsel for the op­posite poarty submitted that the aforesaid impugned order is legal and sustainable and as such it must be maintained.
(3.) I have carefully considered the con­tentions raised by the learned Counsel for the parties and have also gone through the relevant records on file. On examination of the records I find that in the facts and circumstances of the case the learned Trial Court has rightly passed the order dated 13-2-1997. The learned Additional Com­missioner has correctly upheld the aforesaid order dated 13-2-1997 and dis­missed the appeal.;


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