Subhash Chand vs Manoj Kumar
2013 Latest Caselaw 1777 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- SECOND APPEAL No. - 494 of 2013
 

 
Petitioner :- Subhash Chand
 
Respondent :- Manoj Kumar
 
Petitioner Counsel :- K.M. Garg
 

 
Hon'ble Mrs. Sunita Agarwal,J.

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

The suit was filed for permanent injunction against  the defendant who is nephew of plaintiff. The dispute is with regard to possession of land of plaintiff over 'Chabutra' outside the house of the plaintiff. Family settlement dated 14.6.1948 between ancestors of both the parties  was filed by the plaintiff before the trial court and by way of said settlement,  certain easementary rights were given to the defendant over the suit property.

As both the  parties  belong to  same family, learned counsel for the  appellant  submits that there  is likelihood of some settlement  between the parties. In view of   said  fact, the Court   thinks it  proper   to hear the  defendant/respondent  before  admission of the  appeal. 

Issue notice to  the defendant/respondent.  Steps  be taken within a period of  ten days by both ways i.e. ordinary process   as well as  registered post  A.D. 

Office   to  summon  lower court record.

Order Date :- 7.5.2013

P.P.