Har Pal Singh vs Santosh Kumari
2013 Latest Caselaw 1464 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 27
 

 
Case :- SECOND APPEAL No. - 856 of 1994
 

 
Petitioner :- Har Pal Singh
 
Respondent :- Santosh Kumari
 
Petitioner Counsel :- B.D. Mandhyan,Kamar Anis,Kaushlesh Tripathi,Kumar Anish,M.K.Mishra,Satish Mandhyan
 
Respondent Counsel :- B.B. Paul
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Application No.57760 of 2000

This is an admitted appeal. The suit was filed for specific performance of an agreement to sell against defendant no. 1 Anoop Devi. During pendency of the suit, the defendant no. 1 Anoop Devi died and her heirs and legal representatives were brought on record.

The stay application dated 25.2.2008 was filed with the prayer that name of respondent no. 2 may not be mutated in the revenue record on the basis of proceedings under Section 146 Cr.P.C.

In view of the admitted fact that in case, name of respondent no. 2 is mutated in the  revenue record, that will be subject matter of decision of the  second appeal, the Court is of the opinion that there is no need to pass any order on the stay application at this stage. The stay application is rejected as such.

The appeal be listed for final hearing/disposal in due course.

Order Date :- 29.4.2013

P.P.