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Lekhaman Yadav v. Vth. A.D.J., & Others - WRIT - C No. 49138 of 1999 [2006] RD-AH 249 (4 January 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).



By means of the present writ petition the petitioner has approached this Court for quashing the orders dated 4.3.1994 and 1.10.1999, Annexures-4 and 5 respectively to the writ petition.

The case of the petitioner is that one Sunesari widow of Mangal Deo Upadhyay has filed Suit No. 735 of 1990 for cancellation of sale deed dated 29.6.88 executed by defendant no.2 Paras Nath Upadhaya in favour of the petitioner. During pendency of the suit plaintiff no.1 died on 20.9.93. An application was filed by plaintiffs no. 2 and 3 who are daughters of plaintiff no.1 stating therein that as the plaintiff no.1 has already died and the plaintiffs no.2 and 3 are the only heirs of plaintiff no.1, therefore, name of plaintiff no.1 be deleted. The said application has been allowed. Aggrieved by the aforesaid order the petitioner filed a revision, which was numbered as Revision No. 57/94. The Revisional Court has also recorded a finding that allowing the application filed by plaintiffs no.1 and 2 will not accrue any right, as the rights of the parties are to be decided. A finding of fact has also been recorded by the court below that as the defendant no.2 who is the son of plaintiff no.1 has executed a sale-deed in favour of the petitioner and the suit has been filed for cancellation of the sale-deed executed by respondent no.5, as such allowing the application will not affect the merit of the case. The rights of the parties are to be decided in suit.

I have heard the learned counsel for the petitioner and have perused the record.   From the perusal of the record it is clear that the orders passed by the trial court as well as the revisional court are correct and there is no illegality.

The writ petition is devoid of merit and is hereby dismissed. It is however, open to the respondent no.5 to raise an objection before the trial Court.



W.P.No.49138 of 1999


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