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KALUA versus PURAN

High Court of Judicature at Allahabad

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Kalua v. Puran - WRIT - C No. 15931 of 2006 [2006] RD-AH 6433 (23 March 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).

HIGH COURT OF JUDICATURE OF ALLAHABAD

HON'BLE UMESHWAR PANDEY, J.

Heard the learned counsel for the petitioner.

The survey report obtained in the suit at the trial stage was objected to by the petitioner and respondent both. But subsequently at the time of disposal of survey report, the respondent withdrew the objection and did not press it. Accordingly after hearing the petitioner his objections were not found sound and the survey report having been found to be correct, was confirmed by the trial court. Against that order, the petitioner went in revision before the District Judge and the same has been dismissed as not maintainable for the order, being an interlocutory order and not covered under the clause "Case decided", appearing in Section 115 of the Code of Civil Procedure.

I do not find any infirmity in the order of the revisional court and the order of the trial court whereby the survey report has been confirmed is also not challengable here because if there was still some grievance against the survey report by the petitioner-defendant, that objection can be raised at the appellate stage also.

The petition, having no force, is hereby dismissed.

23.03.2006

SUA/15931-06


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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