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2025 DAILYLAW 151630 (ALL)

VISHWANATH TIWARI v. SMT SUSHMA TIWARI

A227/25048/2017 · 2025-04-15

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21023 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 25048 of 2017 Petitioner :- Vishwanath Tiwari Respondent :- Smt Sushma Tiwari Counsel for Petitioner :- Mohd. Mustafizul Haq,Danish Mujtaba,Dharmendra Kumar,H.K.Mishra,Mohd. Kashif Rafi Counsel for Respondent :- K.N Mishra Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner. 2. Present petition has been filed challenging the order dated 30.05.2015 whereby the objections filed by the defendent to the suit that the suit was filed under Section 331 of U.P.Z.A. & L.R. Act were upheld, and the order dated 31.08.2017 whereby miscellaneous appeal was dismissed. 3. On a plain reading of the plaint it transpires that a suit for partition decree as well as injunction was filed. The trial Court as well as the appellate Court held that as the suit property was an agricultural property, the suit would like before the revenue Court. 4. Considering the finding of facts which have been recorded and there being nothing on the plaint to demonstrate that the property was on abadi land, no error can be found in the impugned orders. 5. Present petition lacks merit and is accordingly dismissed. Order Date :- 15.4.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench