Writ petition filed by petitioner challenging observations on merits by Appellate Court in a mutation/remand case. Court allowed suit without prejudice to those observations and dismissed writ.
Petitioner directed to approach Accountant Officer or Court for any interim relief if required.
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Court No. - 7 Case :- WRIT - C No. - 719 of 2021 Petitioner :- Ram Lochan Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Dharmendra Singh Counsel for Respondent :- C.S.C.,Sunil Kumar Singh
Hon'ble Siddhartha Varma,J.
When Deshraj had sold his property to one Mithila Singh, the petitioner who was the brother-in-law of Mithila Singh filed a Suit for the cancellation of the sale deed.
However, when on the basis of the sale deed, Mithila Singh had filed an application for mutation the petitioner had objected to the Mutation proceedings and the Sub Divisional Officer stayed the proceedings on account of the fact that there was a Suit pending.
However, the Appellate Court allowed the Appeal of Mithila Singh and remanded the matter back. Thereafter, the Revisional Court affirmed the order of the Appellate Court.
The petitioner aggrieved by the fact that the Appellate Court while remanding the matter had also made certain observations on the merit has filed the instant writ petition.
Having heard the learned counsel for the parties, this Court finds that no interference is required in the order of the Appellate Court. However, the Trial Court would decide the matter without being affected by any of the observations made on merits by the Appellate Court.
With these observations, the writ petition is disposed of.
If the petitioner requires any interim relief then he may file an application for interim relief in the Suit which he has filed.
Order Date :- 22.2.2021 PK
1 issue framed by the court
Whether the writ court should interfere with the remanding order of the Appellate Court which made observations on merits in a mutation dispute.
Ram Lochan Singh
State Of U.P.
Siddhartha Varma
As recorded by the court registry
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