Vineeta And 3 Ors. vs Pradeep Kumar And 6 Ors.
2013 Latest Caselaw 1712 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- SECOND APPEAL No. - 476 of 2013
 

 
Petitioner :- Vineeta And 3 Ors.
 
Respondent :- Pradeep Kumar And 6 Ors.
 
Petitioner Counsel :- K.M. Garg
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Admit.

Issue notice.

Present appeal shall be heard on following substantial questions of law mentioned as II,IV and V in the memo of appeal which are as follows:-

1) Whether the suit property is an ancestral and coparceners property as held by the learned Trial court and as pleaded in the plaint and the findings of the learned lower Appellate court in this regard is based on no evidence or misinterpretation of pleadings and evidence on records specially when admittedly the suit property is an ancestral property, as such it is a coparcener property?

2) Whether the sale-deed dated 11.11.1985 executed by the defendant no. 1 in favour of defendant no.2 is void abinitio inasmuch as the same is not executed by the defendant no. 1 in the capacity of karta but alleging himself as sole and exclusive owner and findings recorded by the learned courts below are wholly perverse, illegal and erroneous in law and the suit for permanent injunction is maintainable as a void document is liable to be ignored and injunction itself involves declaration?

3) Whether the learned courts below have committed manifest and substantial error of law to go into the factum of legal necessity which is neither pleaded nor proved even after holding that the sale-deed dated 11.11.1998 is voidable, though erroneous, inasmuch as it will adversely affects the rights of the minors to challenge the sale-deed after being major?

Order Date :- 6.5.2013/P.P.

Case :- SECOND APPEAL No. - 476 of 2013

Petitioner :- Vineeta And 3 Ors.

Respondent :- Pradeep Kumar And 6 Ors.

Petitioner Counsel :- K.M. Garg

Hon'ble Mrs. Sunita Agarwal,J.

Stay application.

Heard Sri K.M. Garg, learned counsel for the appellant.

Both the parties are directed to maintain status quo with regard to nature and possession over the property as on date till further orders of this Court.

Order Date :- 6.5.2013/P.P.