Monday, July 18, 2011
Can I file SLP (Civil) against the Allahabad high court Single Bench order?
There was 4 brothers (A-B-C-D)having Agriculture land in up. each of them have equal share in 1972. A file a suite for partition in the court of SDM. u/s 176 up. za. and lr. act. final order made out. Land in ? was on th road side, A & B given plot back side of the road and no passage has been given,C & D given land on road side, without valuation of land or agreement and suite was disposed of in 1974......After 24 Years in 1997,B press a restoration application in SDM court for restore the suite dispossed in 1974 with an condone application u/s 5 of limitation act(under order 9 rule 13 CPC.) SDM accept the application and call parties, SDM sat- a side the order 23-05-74 and fixed date for re submission of revised Kurras (Lots) in the interest of Justis, saying However Applicant should object at that time, But earlier partition not proper in any way because No passage has been given. C file a revision before Add. Commissioner MBD he allowed the revision and set aside the SDM of 1997 and maintain the order of 23-05-1974. B and A file writ petition in Allahabad High court in 2001 and 2006, Both writs heard together High court dissmissed both the writ in 22-04-2011 saying B was participating in the Earlier suite of 1974, and there is alternate remedy available for passage in the law, petitioner can file regular suite for passage. dismissed on 22-04-11. ....... Now I am ( A ) what I can do in Supreme court for SLP , THERE ARE SOME CHANCES OR NOT AND Suggest the Civil Lawyer for SLP. Kindly suggest ASAP.
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