Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 124175 (ALL)

UDAY RAJ YADAV v. HEERA LAL AND 2 OTHERS

A227/1000/2025 · 2025-02-28

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:12079 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1000 of 2025 Petitioner :- Uday Raj Yadav Respondent :- Heera Lal And 2 Others Counsel for Petitioner :- Dinesh Kumar Ojha Counsel for Respondent :- Dinesh Kumar Srivastava Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioners, Sri Dinesh Kumar Srivastava, learned counsel for the respondents and perused the record. 2. The present petition has been filed by the petitioner challenging the order dated 22.03.2022 whereby an issue with regard to the jurisdiction of the Court was decided as well as the order dated 10.01.2025 whereby the revision was dismissed. 3. In the suit filed for the cancellation of the sale deed, the ground taken was that the sale deed was got executed by impersonation after the death. On the contest, issues were framed and issue no. 5 was decided by means of the order dated 22.03.2022. While deciding the said issue, the trial Court held that the jurisdiction to decide vested in the Civil Court in view of the allegation leveled in the plaint. The said view was affirmed in the revision. 4. The contention of the counsel for the petitioner is that on the same ground, another suit was also filed in which, an issue with regard to jurisdiction was decided by the Civil Court, however on a revision the matter was remanded for decision afresh. In the light of the direction by the revisional Court, he argues that the revisional order passed in the present case is in contradiction to the order passed in Revision No. 29 of 2021, which arose from the Suit No. 219 of 1991. 5. The aforesaid contention cannot be accepted as in the present case, prima facie, the suit was filed for quashing of a sale deed on the ground of alleged impersonation. Clearly in view of the allegation leveled in the plaint, it is a Civil Court which would have the jurisdiction as has been rightly held in the two orders. No interference is warranted with the said two orders. The parties would be at liberty to contest the suit in accordance with law on the other issues. As the suit is pending since the year 1991, the trial Court shall endeavour to decide the suit itself in accordance with law with all expedition without giving any unnecessary adjournment to either of the party. 6. In view of the above, the petition is dismissed. Order Date :- 28.2.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench