Vinod Kumar And 7 Ors. vs Nafees Ahmad And Another
2013 Latest Caselaw 1715 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 
Case :- SECOND APPEAL No. - 471 of 2013
 

 
Petitioner :- Vinod Kumar And 7 Ors.
 
Respondent :- Nafees Ahmad And Another
 
Petitioner Counsel :- Vivek Saran,Prasoon Tomar
 
Respondent Counsel :- Adarsh Bhushan
 

 
Hon'ble Mrs. Sunita Agarwal,J. 

Admit.

Substantial questions of law which arise to decide the present appeal are the questions no. 3 and 4 framed in the memo of appeal, which are as under:-

1) Whether the learned  first  appellate  court  had  erred in law  by observing that an endorsement  regarding payment of Rs.46,071/- and  Rs.8,786/- dated 25.10.1997 and  25.8.1997 on the reverse side of  Paper No.C-132 were deposits made by the plaintiff only on presumption as at no point of  time neither the plaintiff had claimed  of  making such deposit  nor  any evidence was lead?

2) Whether  the learned first appellate  court had justified in holding  that the auction proceedings were vitiated due to collusion and fraud, when the plaintiff had  knowledge of the proceedings and had  chosen not to file any objections  before the prescribed authority?

Order Date :- 6.5.2013

P.P.

Case :- SECOND APPEAL No. - 471 of 2013

Petitioner :- Vinod Kumar And 7 Ors.

Respondent :- Nafees Ahmad And Another

Petitioner Counsel :- Vivek Saran,Prasoon Tomar

Respondent Counsel :- Adarsh Bhushan

Hon'ble Mrs. Sunita Agarwal,J.

Stay application

Heard Sri Vivek Saran, learned counsel for the appellant and Sri Pravesh Kumar, Advocate holding brief of Sri Adarsh Bhushan, learned counsel for the respondent.

Both the parties are directed to maintain status quo with regard to possession over the land in dispute as on date till further orders by this Court.

Order Date :- 6.5.2013

P.P.