Court No. - 36 Case :- WRIT - C No. - 25778 of 2009 Petitioner :- Narendra Kumar Chaubey Respondent :- State Of U.P. And Others Petitioner Counsel :- Ravi Prak. Srivastava Iii,Ravi Prakash Srivastava Respondent Counsel :- C.S.C.,G.L.Tripathi,S.A. Sharma Hon'ble Prakash Krishna,J.
This is an application to review the order and judgement dated 28.7.2009 filed
on behalf of Shri Sanjay Chaubey.
The writ petition was heard and decided by the judgement dated 28.7.2009.
By means of the present application, the learned counsel for the applicant
submits that the observations made by the Court in paragraph 3 from the
bottom that the parties are co-sharers, is not correct. Whether the parties are
co-sharers or not shall be adjudicated upon by the Trial Court before which
the suit is pending.
By way of clarification, it is added that this Court has not adjudicated upon as
to whether the parties are co-sharers or not and the issue of co-sharers shall
remain open to be decided by the Trial Court, if so, raised by the parties.
The application is disposed of accordingly.
Order Date :- 8.1.2010
IB