Writ petition challenging a remand order in a partition suit appeal. The court held the direction to implead transferees pendente lite benefits the petitioner and refused to interfere, dismissing the writ petition.
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Court No. - 9
Case :- WRIT - C No. - 17126 of 2020
Petitioner :- Indra Dev Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Ruchi Gupta,Rajesh Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
Challenge in the writ petition is to an order of remand dated 16.08.2019 passed by the Additional Commissioner on an appeal filed by the petitioner himself, which was directed against the final decree in a suit for partition.
The matter has been remanded back directing the plaintiffpetitioner to implead in the suit, some transferees pendente-lite.
Upon hearing learned counsel for the petitioner and upon a perusal of the record, I do not find the impugned order to be worthy of interference.
It is the appeal filed by the petitioner, which has been allowed and the matter remanded back. The only point to which the petitioner is aggrieved is that he has been directed to implead the transferees pendente lite in the suit.
Even this direction, in my considered opinion, is enures to the benefit of the petitioner, himself.
Accordingly and for the reasons given above, this Court refuses to interfere in the remand order.
The writ petition is accordingly dismissed.
Order Date :- 22.10.2020 Mayank
1 issue framed by the court
Whether to interfere with the Additional Commissioner's order remanding the partition suit for impleadment of transferees pendente lite by the appellant.
Indra Dev
State Of U.P.
Anjani Kumar Mishra
As recorded by the court registry
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