HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- SECOND APPEAL No. - 529 of 2013 Petitioner :- Smt. Kusum Respondent :- Sant Ram And 2 Ors. Petitioner Counsel :- Chandra Kumar Rai Hon'ble Mrs. Sunita Agarwal,J.
Heard Sri C.K. Rai, learned counsel for the appellant.
Admit.
Issue notice to respondents. Steps be taken within a week.
Appeal shall be heard on following substantial questions of law framed as I,II & II in the memo of appeal:-
1) Whether, the suit for injunction simplicitor can be dismissed by the courts below when the possession of the plaintiff was admitted by the defendant?
2) Whether, the courts below are right in dismissing the plaintiff's suit for injunction when the registered sale deed and registered power of attorney has not been challenged by anybody in the competent court?
3)Whether in absence of declaration granted by the competent court that the sale deed and power of Attorney are null and void, the suit for injunction filed by plaintiff appellant based on aforementioned sale deed and power of attorney can be dismissed by the courts below?
Order Date :- 7.5.2013 P.P.
Court No. - 34Case :- SECOND APPEAL No. - 529 of 2013 Petitioner :- Smt. Kusum Respondent :- Sant Ram And 2 Ors.
Petitioner Counsel :- Chandra Kumar Rai Hon'ble Mrs. Sunita Agarwal,J.
Stay application Heard Sri C.K. Rai, learned counsel for the appellant.
Until further orders by this Court, status quo with regard to nature and possession over the suit property as on date shall be maintained by the parties. Plaintiff appellant is further restrained from creating third party right over the suit property.
Order Date :- 7.5.2013/P.P.