High Court of Judicature at Allahabad
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Omkar Nath Gautam And Another v. Civil Judge And Another - WRIT - C No. 5689 of 2006  RD-AH 4741 (28 February 2006)
Hon'ble Umeshwar Pandey, J.
Heard learned counsel for the parties.
The order sought to be recalled is only to the effect directing the plaintiffs of the suit for taking proper steps for conduct of survey of the disputed plot. The difficulty, which has been expressed in this petition of recall of the said order by the respondents, is that several attempts were made for the survey but it could not be completed due to water logging making the land in question converted into almost a pond.
Whether or not the land is presently surveyable is a question to be decided by the trial court. In case the land can be conveniently surveyed the proceeding will go on and if there is some water logging in that land, directions would be issued by the court below for evacuation of that water and then make the land surveyable. The compliance of order of the court below for evacuating the water, shall be done by the authority concerned (Municipal authority) and the trial court itself will find out if the land is surveyable and pass suitable orders in accordance with law. The order dated 31.1.2006 stands modified, as above. The survey process would be completed maximum within a period of two months.
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