# Mahant Bhagwati Prasad Chela Late Mahant Janki Das v. State of U.P. & Ors

- **Citation:** (2024) 8 ILRA 911
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2024-08-12
- **Case number:** Matters U/A 227 No.3555 of 2024
- **Bench:** Shamim Ahmed
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/mahant-bhagwati-prasad-chela-late-mahant-janki-das-v-state-of-u-p-ors-52487
- **Pages:** 8

## Headnote

Arms Act,1959 -Police seized a revolver of the
petitioner with live cartridges along with license
book - on the basis of a false criminal case-
revolver along with cartridges, bore and wooden
sticks were returned but Petitioner's license
book was not returned - petitioner's rights under
Article 21 of the Constitution were violated. -
Police had indeed misplaced the license book -
admitted misconduct - Second license book
issued by police .

W.P. partly allowed. (E-9)
912 INDIAN LAW REPORTS ALLAHABAD SERIES

## Text

8 All. Mahant Bhagwati Prasad Chela Late Mahant Janki Das Vs. State of U.P. & Ors.
911

(vi) If the criminal proceeding or
chargesheet is challenged before the High
Court on or after 01.07.2024, where the
investigation was conducted as per Cr.P.C.
then same will be filed u/s 528 of BNSS
not u/s 482 Cr.P.C.

17. Coming back to the facts of the
case, it has been pointed out that in view of
the statement of the victim recorded under
Section 164 CrPC, Section 376 (2)(n) has
been deleted and all other offences are
punishable with imprisonment upto seven
years.

18. Although the prayer for quashing
of FIR has been made, but without insisting
on the same, only submission is that all
alleged offences are punishable with
imprisonment upto seven years, therefore
the police authorities are bound to follow
the procedure laid down under Section 41A Cr.P.C. The petitioners have been
wrongly implicated and should not be
arrested. Reliance has been placed on the
judgement of Apex Court in Arnesh
Kumar Vs. State of Bihar, (2014) 8 SCC
273 and Social Action Forum for Manav
Adhikar Vs. Union of India, Ministry of
Law and Justice and others in Writ
Petition (Civil) No. 73 of 2015 with
Criminal Appeal No. 1265 of 2017 Writ
Petition (Criminal) No. 156 of 2017 and
in Satendra Kumar Antil vs. Central
Bureau of Investigation and Another
(2022) 10 SCC 51 and co-ordinate
Division Bench of this Court in Vimal
Kumar & 3 others Vs. State of U.P. & 3
others in 2021 (2) ACR 1147.

19. We have gone through the
impugned first information report and
without interfering in the same, we are of
the opinion that the guidelines framed by
the Apex Court in the above noted
judgement are equally applicable to the
facts of the instant case.

20. Accordingly, the instant petition
also stands disposed of in terms of the
judgements as noted above.

21. Registrar (Compliance) is directed
to send a copy of this order to the Director
General of Police, Uttar Pradesh who will
circulate the same to all the District Police
Chiefs who will further sensitize the
investigating
officers
under
their
supervision.
----------
(2024) 8 ILRA 911
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 12.08.2024

BEFORE

THE HON'BLE SHAMIM AHMED, J.

Matters U/A 227 No.3555 of 2024

Mahant
Bhagwati
Prasad
Chela
Late
Mahant Janki Das ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Vinay Misra, Amulya Pandey

Counsel for the Respondents:
G.A.

Arms Act,1959 -Police seized a revolver of the
petitioner with live cartridges along with license
book - on the basis of a false criminal case-
revolver along with cartridges, bore and wooden
sticks were returned but Petitioner's license
book was not returned - petitioner's rights under
Article 21 of the Constitution were violated. -
Police had indeed misplaced the license book -
admitted misconduct - Second license book
issued by police .

W.P. partly allowed. (E-9)
912 INDIAN LAW REPORTS ALLAHABAD SERIES
(Delivered by Hon'ble Shamim Ahmed, J.)

1. Heard Shri Vinay Misra, learned
Counsel for the petitioner, Dr. V.K. Singh,
learned Government Advocate assisted by
Shri Ashok Kumar Singh, learned A.G.A-I
for the State-respondent Nos. 1 to 5 and
perused the material placed on record.

2. This Court vide order dated
05.08.2024 had passed the following
order:-

"Heard Shri Abhijit Pandey,
learned Counsel for the petitioner, Dr. V.K.
Singh,
learned
Government
Advocate
assisted by Shri Ashok Kumar Singh,
learned A.G.A-I for the State-respondent
Nos. 1 to 5 and perused the material placed
on record.

This Court vide order dated
01.08.2024 had passed the following
order:-

"Heard Sri Abhijeet Pandey,
learned counsel for the petitioner and Dr.
V.K. Singh, learned Government Advocate
assisted by Sri Ashok Kumar Singh, learned
A.G.A.-I for the State as well as perused the
record.

The instant writ petition has been
filed seeking following main reliefs:-

"I. Issue an order or direction
thereby setting aside the order dated
08.02.2024 passed in Criminal Revision
No.964 of 2024 (Mahant Bhagwati Prasad
Das Vs. State) by which the Criminal
Revision so preferred by the petitioner
against the order dated 08.01.2024 passed
by
the
Additional
Chief
Judicial
Magistrate, Room No.19 was rejected upon
wrong ascertainment of facts, contained as
Annexure No.1 to this petition, in the
interest of justice.

II. Issue an order or direction
thereby setting aside the order dated
08.01.2024 passed by the Additional Chief
Judicial
Magistrate,
Room
No.19,
Sultanpur by which the application dated
16.05.2023 so preferred by the petitioner
for providing him his license book in its
original which was being illegally kept by
the local police from the date of alleged
occurrence till the present was rejected,
contained as Annexure No.2 to this
petition, in the interest of justice.

III. Issue an order or direction to
the concerned authorities for providing to
the petitioner original copy of the license
No.298 on which his revolver bearing No.
H3767 is entered and which presently is
being illegally kept back by the police
authorities for no valid rhyme and reason,
in the interest of justice."

Learned counsel for the petitioner
submits that the police of Police Station
Kadipur, District Sultanpur had seized a
revolver of the petitioner bearing No.
H3767
with
twenty
live
cartridges
alongwith license book illegally and with
arbitrary manner on the basis of a false
case shown against the petitioner bearing
Case Crime No.550/2021, under Sections
147, 148, 149, 307, 323, 504, 506 I.P.C.
and Section 3/25/27/30 of Arms Act
registered at Police Station Kadipur,
District Sultanpur.

He further submits that the
petitioner being aggrieved by the illegal
action of the police of Police Station
Kadipur, District Sultanpur filed a release
application before the learned Additional
Civil Judge (J.D.) / Judicial Magistrate,
Court No.26, Sultanpur for release of the
revolver bearing no. H3767 and 20 live
bullets alongwith the license book. The
learned Magistrate vide order dated
24.02.2023 released the aforesaid revolver
bearing No. H3767 alongwith 20 live
cartridges, 6 empty cartridge 32 bore and
six wooden sticks with the condition that
8 All. Mahant Bhagwati Prasad Chela Late Mahant Janki Das Vs. State of U.P. & Ors.
913
the petitioner shall give a surety of
Rs.1,50,000/-. However, the license book of
the petitioner was not released and no
order was passed in the order dated
24.02.2023 by the learned Magistrate with
regard to the license book.

He further submits that after the
order dated 24.02.2023 was passed, the
revolver no. H3767 alongwith 18 live
cartridges and 6 empty cartridges 32 bore
were released in favour of the petitioner by
the police on 15.05.2023 in pursuance to
the order dated 24.02.2023. However, the
license book which was illegally seized by
the police was not ordered by the learned
Magistrate to be released. Thus, the
petitioner moved an application before the
learned
Additional
Chief
Judicial
Magistrate, Court No.19, Sultanpur on
16.05.2023 for release of the license book,
which was seized by the concerned officer
posted at that time at Police Station
Kadipur, District Sultanpur.

He further submits that the police
to save their conduct have given false
statement that they have not seized any
license book whereas it was a clear cut
plea taken by the petitioner that the said
license book was misplaced from the
Malkhana and arbitrarily the entry was not
made in the records. Thus, the learned
Additional Chief Judicial Magistrate, Court
No.19,
Sultanpur
vide
order
dated
08.01.2024 rejected the application of the
petitioner.

He further submits that against
the aforesaid order dated 08.01.2024, the
petitioner preferred a Criminal Revision
before the learned Additional Sessions
Judge, Sultanpur, which was also dismissed
by the learned Revisional Court vide order
dated 08.02.2024.

Thus, he submits that the findings
recorded by the learned Additional Chief
Judicial
Magistrate,
Court
No.19,
Sultanpur as well as by the learned
Revisional Court are perverse and without
evidence on record as the petitioner has
shown certified copy of the license book,
which was filed alongwith the charge sheet
by the Investigating Officer. A copy of the
same is also filed as annexure no.21 of the
affidavit filed in support of this petition,
which was duly verified by the then Sub
Inspector Vimal Kapoor, Police Station
Kadipur, District Sultanpur with the stamp
of the Police Station. Thus, it is crystal
clear that the said license was with the
police department and they after getting
photostat copy of the license, filed it
alongwith the charge sheet and the same
was also part of the charge sheet. Thus,
whatever the statement given before the
learned trial court by the police that they
had not seized license book, appears to be
false and for misleading the court. He
further submits that it is clear cut violation
of Article 21 of the Constitution of India.

Accordingly,
this
Court
is
satisfied with the arguments as advanced
by learned counsel for the petitioner that a
conspiracy had been played by the police
for misplacing the license book of the
petitioner. The petitioner's license was
earlier valid till 31.12.2018 and thereafter,
it was extended till 31.12.2021, which
contains the stamp of Police Station
Kadipur,
District
Sultanpur
on
the
photostat copy of the license. Thus, there is
no doubt that the license book was with the
police at the time of seizure and they filed
the copy in the charge sheet as appears
from the record.

Thus, it appears that the police
want to unnecessarily harass the petitioner
and they had misplaced the license book.
As such, the act and conduct of the police
of
Police
Station
Kadipur,
District
Sultanpur appears to be very casual that
914 INDIAN LAW REPORTS ALLAHABAD SERIES
shows the negligence and casual approach
adopted by the police.

Accordingly, this Court deems it
appropriate that the Superintendent of
Police, Sultanpur and Station House
Officer of Police Station Kadipur, District
Sultanpur alongwith the then Sub Inspector
of Police Vimal Kapoor, Police Station
Kadipur, District Sultanpur shall appear in
person alongwith their explanation and
records before this Court to justify their
conduct about the copy of license filed at
the time of filing of chargesheet, which
contained at annexure no.21 of the affidavit
filed alongwith this petition.

Put up this case on 05.08.2024
before this Court for further orders.

Till the next date of listing, the
effect and operation of the order dated
08.02.2024 passed in Criminal Revision
No.964 of 2024 (Mahant Bhagwati Prasad
Das Vs. State) as well as the effect and
operation of the order dated 08.01.2024
passed by the learned Additional Chief
Judicial
Magistrate,
Room
No.19,
Sultanpur shall remain stayed in respect of
the petitioner.

This case shall be treated as tied
up or part heard to this Bench.

Let a copy of this order be
provided to Dr. V.K. Singh, learned
Government Advocate and Sri Ashok
Kumar Singh, learned A.G.A.-I for the
State for immediate onward communication
to the Superintendent of Police, Sultanpur,
Station House Officer, Police Station
Kadipur, District Sultanpur and the then
Sub Inspector of Police Vimal Kapoor,
Police Station Kadipur, District Sultanpur
to ensure their personal appearance before
this Court alongwith their explanation on
05.08.2024.

Senior Registrar of this Court is
also directed to communicate this order to
the Superintendent of Police, Sultanpur
immediately for necessary compliance."

In compliance of the order dated
01.08.2024 (quoted above) passed by this
Court, the Superintendent of Police,
District-Sultanpur,
namely-Shri
Somen
Barma alongwith Station House Officer,
Police
Station-Kadipur,
namely-Ashok
Kumar Singh, and the then Sub Inspector
posted at Police Station-Kadipur, namelyVimal Kapoor are present before this Court
in person.

Personal affidavits of all the
officers present before this Court in person
filed today by learned A.G.A.-I for the
State-respondent Nos.1 to 5 are taken on
record.

On query made by this Court to
Superintendent
of
Police,
Sultanpur
regarding the laxity and misconduct on the
part of his subordinates in the present case,
on
which
he
tendered
unconditional
apology and after perusing the photostat
copy of the license book of the petitioner
bearing License No.298/January/Sultanpur
for Revolver No.H3767 duly attested and
certified with Stamp of Police StationKadipur, District-Sultanpur and signed by
the then Sub Inspector, namely-Vimal
Kapoor, which was lastly renewed up to
31.12.2021, he submits that the same was
deposited in the Maalkhana of Police
Station-Kadipur, District-Sultanpur, this
fact also been confirmed by the then Sub
Inspector, namely-Vimal Kapoor but the
license book got misplaced from the
Maalkhana of Police Station-Kadipur,
District-Sultanpur. He further stated that
on the basis of one case bearing Case
Crime No.550/2021, under Sections 147,
148, 149, 307, 323, 504, 506 I.P.C. and
Section 3/25/27/30 of Arms Act registered
at
Police
Station
Kadipur,
District
Sultanpur the police of Police Station
Kadipur, District Sultanpur had seized a
8 All. Mahant Bhagwati Prasad Chela Late Mahant Janki Das Vs. State of U.P. & Ors.
915
revolver of the petitioner bearing No.
H3767
with
twenty
live
cartridges
alongwith license book. He further stated
that learned Magistrate vide order dated
24.02.2023 released the aforesaid revolver
bearing No. H3767 alongwith 20 live
cartridges, 6 empty cartridge 32 bore and
six wooden sticks with the condition that
the petitioner shall give a surety of
Rs.1,50,000/-. However, the license book of
the petitioner could not be released as it
got misplaced by his subordinates posted at
Police Station-Kadipur, District-Sultanpur.

He further stated that he has
taken strict actions against the officials
responsible for the misconduct and laxity
and further assured this Court that a
duplicate copy of the license book shall be
provided to the petitioner on the next date
of listing as the details of the original
license book is already available with the
Police Station-Kadipur, District-Sultanpur,
which has also been annexed with the
petition as Annexure No.21. He also stated
before this Court that the license book will
be given to the petitioner after extending
the due date up to 31.12.2024.

The then Sub Inspector, namelyVimal Kapoor also made an agreement
with
the
statements
made
by
the
Superintendent
of
Police,
DistrictSultanpur and submits that when the
seizure was done by him, he deposited all
the seized items with the In-charge of the
Maalkhana of Police Station-Kadipur,
District-Sultanpur but the license book got
misplaced
and
rest
of
the
articles/ammunition were returned back to
the petitioner in compliance of the order
dated 24.02.2023 passed by learned
Additional Civil Judge (J.D.) / Judicial
Magistrate, Court No.26, Sultanpur.

The Station House officer, Police
Station-Kadipur, District-Sultanpur stated
before
this
Court
that
after
due
investigation, he came to know that the said
license
book
was
deposited
in
the
Maalkhana of the Police Station-Kadipur,
District-Sultanpur
but
the
same
got
misplaced from the Maalkhana of the
concerned police station.

Dr.
V.K.
Singh,
learned
Government Advocate assisted by Shri
Ashok Kumar Singh, learned A.G.A-I for
the State-respondent Nos.1 to 5 also submit
that as the officials concerned have
tendered their apologies before this Court
due to misconduct and laxity committed by
them and assured this Court that they may
be given some further time to prepare a
duplicate license book of the petitioner with
a renewed date up to 31.12.2024, which
will be handed over to the petitioner on the
next date of listing, thus, this court may
grant them some time to prepare the same
and hand it over to the petitioner on the
next date fixed. They further submit that
they will also assure that the officers
concerned shall make all the endeavors to
keep their assurances given by them to this
Court.

After hearing learned Counsel for
the parties, considering the assurances
given by the officers present before this
Court in person and after perusal of
record, this Court finds that as it has been
admitted by the officers concerned, that the
license book of the petitioner got misplaced
from the Maalkhana of Police StationKadipur,
District-Sultanpur
and
the
Superintendent
of
Police,
DistrictSultanpur has taken strict actions against
his
subordinates
responsible
for
the
misconduct and laxity, therefore, this Court
does not want to express any opinion on the
internal actions and investigations made by
Superintendent
of
Police,
DistrictSultanpur in his capacity but this Court
deems it proper to direct the officers
concerned to provide the petitioner his
916 INDIAN LAW REPORTS ALLAHABAD SERIES
license book, which is necessary for
keeping a weapon and the misconduct and
laxity on the part of police officials has
resulted in violation of Article 21 of the
Constitution of India.

Thus,
the
Superintendent
of
Police,
District-Sultanpur
alongwith
Station House Officer, Police StationKadipur, District-Sultanpur is directed to
prepare a duplicate copy of the license
book of the petitioner with a renewed date
up to 31.12.2024 and hand it over to the
petitioner on the next date of listing.

Accordingly, list/put up this case
on 12.08.2024 before this Court for further
orders.

This case shall be treated as part
heard and tied up to this Bench.

On the next date of listing, the
petitioner,
namely-Mahant
Bhagwati
Prasad Chela Late Mahant Janki Das, the
Superintendent
of
Police,
DistrictSultanpur, namely- Shri Somen Barma
alongwith Station House Officer, Police
Station-Kadipur,
namely-Ashok
Kumar
Singh, and the then Sub Inspector posted at
Police
Station-Kadipur,
namely-Vimal
Kapoor shall remain present before this
Court in person.

Till the next date of listing, the
effect and operation of the order dated
08.02.2024 passed in Criminal Revision
No.964 of 2024 (Mahant Bhagwati Prasad
Das Vs. State) as well as the effect and
operation of the order dated 08.01.2024
passed by the learned Additional Chief
Judicial
Magistrate,
Room
No.19,
Sultanpur shall remain stayed in respect of
the petitioner."

3. In compliance of the order dated
05.08.2024 (quoted above) passed by this
Court,
the
Superintendent
of Police,
District-Sultanpur,
namely-Shri
Somen
Barma alongwith Station House Officer,
Police
Station-Kadipur,
namely-Ashok
Kumar Singh P.No. 092140051, and the
then Sub Inspector posted at Police StationKadipur, namely-Vimal Kapoor P.No.
982462100 and the petitioner, nameyMahant Bhagwati Prasad, son of Late
Kashi Prasad Pandey, Chela of Late Shri
Mahant Janki Das are present before this
Court in person.

4. Compliance affidavit filed today by
learned A.G.A-I for the State-respondent
Nos.1 to 5 on behalf of respondent No.3 is
taken on record. Paragraph Nos.2, 3 and 4
of the compliance affidavit filed on behalf
of
respondent
No.3
are
reproduced
hereinunder:-

"2.
That
it
is
respectfully
submitted that in compliance of the order
dated 05.08.2024 passed by the Hon'ble
Court a second copy of the license book of
petitioner
bearing
UIN
Number
330270020986872015 License Number-LN
33027 A7 A 2 A 824 298/ KADIP-I having
validity upto 31.12.2026 has been issued
from the office of the District Magistrate,
Sultanpur. A true copy of the second of
license book is enclosed herewith as
Annexure No.1 to this affidavit for kind
perusal of the Hon'ble Court.

3. That it is respectfully submitted
that in compliance of the order passed by
the Hon'ble Court, the deponent will put his
appearance before the Hon'ble Court on
12.08.2024 and a true second copy of the
license book will be submitted before
Hon'ble Court at the time of hearing.

4. That it is respectfully submitted
that the deponent has highest regard to the
orders passed by the Hon'ble Court and
duty bound to obey any orders passed by
the Hon'ble Court."
8 All. Mahant Bhagwati Prasad Chela Late Mahant Janki Das Vs. State of U.P. & Ors.
917

5. The Superintendent of Police,
District-Sultanpur has produced the true
copy of the second Arm License Book of
Revolver
bearing
No.H3767
of
the
petitioner before this Court for its perusal
and to be handed over to the petitioner in
original with an extended validity up to
31.12.2026.

6. This Court perused the original
second Arm License Book of Revolver
bearing
No.H3767
of
the
petitioner
produced
before
this
Court
by
the
Superintendent
of
Police,
DistrictSultanpur and directed him to hand it over
to the petitioner in original. Thereafter, the
second Arm License Book of Revolver
bearing No.H3767 of the petitioner with an
extended validity up to 31.12.2026 has
been handed over to the petitioner, namelyMahant Bhagwati Prasad, son of Late
Kashi Prasad Pandey, Chela of Late Shri
Mahant Janki Das in the open Court.

7. Learned Counsel for the petitioner
as well as the petitioner, who is present
before this Court in person submits before
this Court that now the petitioner has no
grievance to be redressed by this Court as
he has got second Arm License Book of
Revolver bearing No.H3767, thus, they
submit that this petition may be disposed of
in
view
of
the
above
facts
and
circumstances of the case.

8.

Dr.
V.K.
Singh,
learned
Government Advocate assisted by Shri
Ashok Kumar Singh, learned A.G.A-I for
the State-respondent Nos.1 to 5 also made
an
agreement
with
the
submissions
advanced by learned Counsel for the
petitioner and submit that now the
petitioner has no grievance and the same
has been resolved by this Court with the
best efforts of Superintendent of Police,
District-Sultanpur, thus, they submit that
this petition may be disposed of and the
personal appearance of the officers present
before this Court in person may be
exempted till further orders of this Court.

9. After hearing learned Counsel for the
parties and the parties who are present before
this Court in person and after perusal of
record, this Court finds that the Superintendent
of Police, District-Sultanpur, namely-Shri
Somen Barma has complied with the order
dated 05.08.2024 in full spirit and has
produced the second Arm License Book of
Revolver bearing No.H3767 of the petitioner
with an extended validity up to 31.12.2026
and the same has been handed over to the
petitioner in the open Court today, thus,
nothing remains to be adjudicated by this
Court in this petition and the petitioner also
submitted before this Court that he has no
grievance left to be redressed by this Court.

10. Thus, in view of the above
observations, this petition is hereby partly
allowed and the order dated 08.01.2024
passed
by
Additional
Chief
Judicial
Magistrate, Room No.19, Sultanpur is
modified, accordingly.

11. It is further observed here that this
Court is not passing any order on the
misconduct and laxity on the part of the
officers involved in this case and the
Superintendent
of
Police,
DistrictSultanpur is at liberty to take appropriate
action against the officers concerned, in
accordance with law.

12. Personal appearance of the
officers, who are present before this Court
in person is exempted till further orders of
this Court.

13. Consigned to record.
918 INDIAN LAW REPORTS ALLAHABAD SERIES
----------
(2024) 8 ILRA 918
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 23.08.2024

BEFORE

THE HON'BLE SUBHASH VIDYARTHI, J.

Matters U/A 227 No. 3881 of 2024

Avadhaesh Kumar & Ors. ...Petitioners
Versus
Ghanshyam Mishra ...Respondent

Counsel for the Petitioners:
Rama Niwas Pathak

Counsel for the Respondent:
Narayan Dutt Mishra

Civil Law - Code of Civil Procedure,1908 -
Order
IV-A
Rule
1-Impugned
order
-
consolidated three civil suits under Order IV-A
Rule 1 of the CPC - suits involved the same
family property and parties - all the three suits
relate to the same set of properties belonging to
one family-all the parties belong to one familytitle derived from common predecessors -parties
to the suits are substantially the samesubstantial similarity in issues also-When all the
suits will be consolidated and decided together-
it will be open for the parties to lead evidence in
support of the issues involved in all the suits-will
save the precious judicial time of the court - no
prejudice will be caused to the petitioners by
consolidation of the suits.

W.P dismissed. (E-9)

List of Cases cited:

1. Ramanand Vs Civil Judge (S.D.), Merta (Raj.)
Citation: AIR 2017 (NOC) 668 (Raj.)

2. M/s Anurag and Co. & anr. Vs Add. District
Judge & ors. AIR 2006 Rajasthan 119 2006
SCC OnLine

(Delivered by Hon'ble Subhash Vidyarthi, J.)

1. Heard Sri Rama Niwas Pathak, the
learned counsel for the petitioners and Sri
Amit Kumar Shukla, the learned counsel
for the opposite parties.

2. By means of the instant petition
filed under Article 227 of the Constitution
of India, the petitioners have challenged
validity of an order dated 20.01.2023
passed by the learned Civil Judge (Senior
Division)/F.T.C., Faizabad in Original Suit
No. 373/2001, whereby the trial court has
allowed the application filed by the
opposite parties
for consolidation of
Original Suits No. 21/2011 and 811/2014
with Original Suit No. 373/2001. The
petitioners have also challenged validity of
judgment and order dated 11.07.2024
passed by the learned Additional District &
Sessions Judge, Court No. 8, Faizabad in
Civil Revision No. 08/2023, whereby the
revision filed against the order dated
20.01.2023 passed by the Civil Judge has
been dismissed.

3. The opposite parties filed an
application under Order IV-A C.P.C. for
consolidation of the aforesaid three suits
stating that all the suits are between the
same set of parties regarding the same
property in dispute and all the three suits
can be consolidated and decided together.
The petitioners filed objections against the
application stating that Suit No. 373/2001
has been filed for the reliefs of declaration
and perpetual injunction, Suit No. 21/2011
has been filed for cancellation of sale deed
and Suit No. 811/2014 has been filed for
cancellation of will and the subject matters
and causes of action of all the three suits
are different.