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2025 DAILYLAW 93369 (ALL)

SHIVDHARI v. STATE OF U.P. AND 4 OTHERS

WRIC/31636/2025 · 2025-09-10

Rohit Ranjan Agarwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31636 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J. 1. Petitioner and respondent no.5 are real brothers. A partition suit under Section 116 of U.P. Revenue Code, 2006 was instituted by respondent no.5 which, according to the petitioner, was decreed on 24.04.2024 and the lots so prepared was accepted to both the parties. However, against the final decree, an appeal was preferred by respondent no.5 under Section 207 of U.P. Revenue Code, 2006 which has been partly allowed, and the matter was remitted back to the trial Court to decide the issue in regard to Arazi No.878 only. 2. This Court finds that the present writ petition has been filed only against the remand order and counsel appearing for petitioner, after some argument, has conceded to the fact that the matter may be relegated to the trial Court for deciding the issue in regard to Arazi No.878 expeditiously within time frame fixed by this Court. 3. In view of the said fact, as no useful purpose would be served in keeping the matter pending or calling for counter affidavit, this writ petition is being disposed of directing the revenue authorities to proceed with the matter post remand dated 22.08.2025, and conclude the proceedings within a period of one month from the date of production of certified copy of this order, after hearing all the affected parties strictly in accordance with law. 4. Writ petition stands disposed of. September 11, 2025 SK Goswami Versus Counsel for Petitioner(s) : Muktesh Kumar Singh Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C. (Rohit Ranjan Agarwal,J.) Shivdhari .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad