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Sri Ram v. Addl. Commissioner (Judicial) Jhansi Division & Others - WRIT - C No. 33107 of 2007 [2007] RD-AH 12762 (24 July 2007)


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).


Hon'ble Arun Tandon, J.

Against the interim order passed in Suit proceedings under Section 229-B of the UPZA&LR Act initiated by respondents no. 3 and 4.  Petitioner filed a Revision under Section 333 of the UPZA&LR Act.  The revision was numbered as Revision No. 49 of 2005 .  The revision has been dismissed under the order dated 8.6.2007 after recording a finding that against an interim order, revision is legally not maintainable.  

Counsel for the petitioner submits that having regard to the proceedings which had earlier taken place between the parties, the suit as filed under Section 229-B is barred by  res judicata. Hence this petition.  

In the opinion of the Court issue of res judicata has to be raised at the first instance in the original proceedings.  In the facts of the case it would be appropriate that suit proceedings may itself be finally adjudicated upon at the earliest.  

Accordingly the writ petition is disposed of with a direction upon the Court concerned to decide the suit as filed by respondents no. 3 and 4 in accordance with law preferably within four months from the date a certified copy of this order is filed before it.  The Trial Court shall also examine the contention raised on behalf of the petitioner to the effect  that the suit as filed is barred by principle  of res judicata.

Dated: 24.7.2007



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