Mohd Imran Deceased and 3 Others v. State of Up and 3 Others

Court No. - 36

Case :- FIRST APPEAL No. - 439 of 2024

Appellant :- Mohd Imran Deceased And 3 Others Respondent :- State Of Up And 3 Others Counsel for Appellant :- Abhay Mishra

Hon'ble Kshitij Shailendra,J.

1. This is plaintiff's first appeal under Section 96 CPC challenging the judgment and decree whereby the appellant's suit has been dismissed on the ground that civil court has no jurisdiction.

1. Learned counsel for the appellant submits that apart from the fact that while dismissing a Writ Petition No.13310 of 2009 filed by the appellant, the Division Bench had permitted filing of the civil suit after noting down the contentions in relation to the Urban Land (Ceiling and Regulation) Act, since possession of the land has not been taken by the State authorities and the appellant was in possession on the date when the Repeal Act had come into force, the dismissal of suit is not according to law.

3. Admit .

1. Issue notice to the respondents no.1, 2 and 4. Steps be taken within two weeks by registered speed post.

1. Summon the lower court record.