Court No. - 19 Case :- MISC. SINGLE No. - 3713 of 2010 Petitioner :- Ramji Dubey Respondent :- Board Of Revenue Lucknow Thro. Its Registrar And Ors. Petitioner Counsel :- Amrendra Nath Tripathi Respondent Counsel :- C.S.C,R.N.Gupta,Suresh Chandra Hon'ble S.C. Chaurasia,J.
Heard Sri Amrendra Nath Tripathi, learned counsel for the petitioner, Sri
Suresh Chandra, learned counsel for the opposite party no. 4, learned
Standing Counsel and perused the record.
This writ petition under Article 226 of the Constitution of India has been filed
with the prayer that a writ of certiorari may be issued quashing the order dated
17-05-2010 passed by the opposite party no. 1 in revision no. 3452/LR./2008-
09, district-Sonebhadra and the order dated 04-09-2009 passed by the
opposite party no. 2 in appeal no. 55 of 2007, contained as annexure nos. 1 &
2 to the writ petition.
During the course of arguments, learned counsel for the petitioner has
submitted that the petitioner intends to file a civil suit for cancellation of the
impugned will deed dated 27-02-1997 and till filing of the suit, some
protection may be granted to the petitioner so that the property in suit may not
be transferred to any third party in any manner
It is expedient in the interest of justice to grant such protection to the
petitioner.
It is made clear that this court has not entered into the merits of the
controversy between the parties.
The petitioner may, if so advised, file a suit for cancellation of the impugned
will deed dated 27-02-1997 and for other reliefs, if any, in the civil court
within a period of two month from today. For the period of two months, both
the parties shall maintain status-quo as exists today and shall not transfer the
property in dispute to any third party in any manner.
With these observations/directions, the writ petition stands disposed of finally.
Order Date :- 6.7.2010
AKS