Supreme Court - Daily Orders
Dinesh vs Board Of Revenue, Uttar Pradesh, ... on 10 February, 2023
Bench: Ajay Rastogi, Bela M. Trivedi
1
ITEM NO.24 COURT NO.5 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 3553/2023
(Arising out of impugned final judgment and order dated 28-09-2022
in WB No. 64988/2015 29-11-2022 in CMRA No. 462/2022 passed by the
High Court Of Judicature At Allahabad)
DINESH & ORS. Petitioner(s)
VERSUS
BOARD OF REVENUE, UTTAR PRADESH, LUCKNOW & ORS. Respondent(s)
(IA No.22881/2023-CONDONATION OF DELAY IN FILING and IA
No.22883/2023-EXEMPTION FROM FILING O.T.)
Date : 10-02-2023 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE AJAY RASTOGI
HON'BLE MS. JUSTICE BELA M. TRIVEDI
For Petitioner(s) Mr. Kaushal Yadav, AOR
Mr. Nandlal Kumar Mishra, Adv.
Ms. Yashoda Katiyar, Adv.
Mr. Ritul Tandon, Adv.
Mr. Arjun Raghuvanshi, Adv.
Dr. Ajay Kumar, Adv.
Mr. Pramod Kumar, Adv.
For Respondent(s) Mr. Rakesh Dwivedi, Sr. Adv.
Mr. Ramesh Upadhyaya, Sr. Adv.
Mr. Shubham Singh, Adv.
Mr. Aditya Singh, AOR
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
We have heard learned counsel for the parties and find no reason to interfere with the orders impugned. Signature Not Verified Digitally signed by Jayant Kumar Arora Date: 2023.02.14 17:57:31 IST Reason: It is brought to our notice that Title Suit No. 25 of 2008 filed at the instance of the petitioners under Section 229 B of the UPZA & LR Act, 1950 pending before the Court of SDM, Tehsil 2 Akbarpur, Kanpur at one point of time came to be dismissed in default and the restoration application also later came to be dismissed because of delay in filing the application. However, the second restoration application is pending.
Without going into the merits of the matter any further, we consider it appropriate to restore the Title Suit No. 25 of 2008 on the file of the SDM, Tehsil Akbarpur, Kanpur, with a further direction that let the suit may proceed and be decided on its own merits in accordance with law and the parties shall record their presence before the concerned court on 17th March, 2023.
In view of above, the Special Leave Petitions are disposed of. Pending interlocutory application(s), if any, is/are disposed of.
(JAYANT KUMAR ARORA) (VIRENDER SINGH) ASTT. REGISTRAR-cum-PS BRANCH OFFICER