Haryana State Minor Irrigation Tubewells Corporation & Ors VS. G. S. Uppal & Ors

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Haryana State Minor Irrigation Tubewells Corporation & Ors VS. G. S. Uppal & Ors

The Judgement Information System CASE NO.: Appeal (civil) 992 of 2008

PETITIONER: Smt. Bachahan Devi & Anr RESPONDENT: Nagar Nigam, Gorakhpur & Anr DATE OF JUDGMENT: 05/02/2008

BENCH: Dr. ARIJIT PASAYAT & LOKESHWAR SINGH PANTA

JUDGMENT: J U D G M E N T

CIVIL APPEAL NO 992 OF 2008 (Arising out of S.L.P (C) No. 24576 of 2004) Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2. Challenge in this appeal is to the order passed by learned Single Judge of the Allahabad High Court setting aside the order passed by the First Appellate Court, and directing it to take decision on merit.

3. Essential facts are as follows: Respondent no.1 as plaintiff no.1 along with one Gabbu filed Suit No.23 of 1960 for declaration that the land in dispute belongs to it and the defendants have no concern with the property. Assertion was that the property in question had vested in it in view of the notification issued by the State Government after abolition of Zamindari. The suit was decreed on 17.1.1972. The trial court granted relief of permanent injunction in respect of suit property as described in the Schedule and also declared that plaintiff no.1 is the owner of the said plot. The decree was challenged by way of appeal by the appellants. During the pendency of the appeal, an application to amend the written statement was allowed by the Appellate...

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