Kalektar Singh and Another v. Dashrath and 4 Others

Court No. -1 Case :-MATTERS UNDER ARTICLE 227 No. -10339 of 2023 Petitioner :-Kalektar Singh And Another Respondent :-Dashrath And 4 Others Counsel for Petitioner :-Akhilesh Singh,Deeksha Singh,Shivam Yadav Hon'ble Jayant Banerji,J. Heard Shri Akhilesh Singh, learned counsel for the petitioners. It appears that Original Suit No.632 of 2014 was filed by one Nathuram against the defendant-respondents seeking a decree of permanent injunction in respect of immovable property situate on Plot No.326 area 0.081 hectares at Mauja Tikaitpura, Pargana Azamnagar, Tehsil-Aliganj, District Etah. A written statement was filed. The entire order-sheet has not been filed from which it could be evinced when were the issues framed. This petition has been filed by the petitioners who claim to be the sons of the plaintiff-Nathuram though in the plaint that has been enclosed as Annexure-1 to this petition, the names of the petitioners do not appear. A perusal of the extract of the certified copy of the order-sheet reflects that the case is being listed for cross-examination of the P.W.-1. Learned counsel for the petitioner is not able to specify the identity of the P.W.-

¶1Thus, it cannot be adduced whether the P.W.-1 is any of the petitioners or the plaintiff-Nathuram. Under the circumstances, interference is declined and this petition is, accordingly, dismissed. The Registrar (Compliance) is directed to send a copy of this order to the concerned court within fifteen days, for information. Order Date :- 8.12.2023 SK (Jayant Banerji, J.) High Court of Judicature at Allahabad