Uttarakhand High Court
Unknown vs Singh Bal And Others" on 2 September, 2022
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
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02.09.2022 CLR No.72 of 2022
Hon'ble Alok Kumar Verma, J.
The proposed Revision has been filed against the impugned order dated 07.07.2022, passed by the Civil Judge (Senior Division) Nainital in Original Suit No.89 of 2021, "Amina Bal vs. Aminder Singh Bal and Others", whereby, the application, filed by the proposed revisionist-defendant no. 1 under Order 7 Rule 11(d) of the Civil Procedure, Code, 1908, has been rejected.
Heard Mr. Siddhartha Singh, the learned counsel for the proposed revisionist.
The learned counsel appearing for the proposed revisionist-defendant no.1 submitted that the respondent no.1- plaintiff has filed the said original suit for partition. The property in-dispute is agricultural property and the said property has never been declared as non-agricultural land under Section 143 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950. Therefore, the property-in-question is still agricultural property and the Civil Court has no jurisdiction to try the said original suit, filed for partition. In support of his submissions, the learned counsel appearing for the revisionist has relied upon a judgment of the Hon'ble Supreme Court, passed in "Additional Commissioner, Revenue and Others vs. Akhalaq Hussain and Another (2020) 4 SCC 507".
Admit.
Issue notice to the respondent no.1. Steps to be taken within a week. List this case on 20.10.2022. In the facts and circumstances of the case, the further proceedings of the said Original Suit No.89 of 2021 are stayed till the next date of listing.
(Alok Kumar Verma, J.) 02.09.2022 Neha