Deceased Bhagolu And Others vs Aamir
2014 Latest Caselaw 8459 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- SECOND APPEAL DEFECTIVE No. - 197 of 2007
 

 
Appellant :- Deceased Bhagolu And Others
 
Respondent :- Aamir
 
Counsel for Appellant :- S.N.Mishra,B.N. Mishra,Neeraj Tripathi
 
Counsel for Respondent :- Rajesh Kumar Chitragupt
 

 
Hon'ble Sudhir Agarwal,J.

There is 11-days' delay in filing the appeal. This is an application for condoning the delay in filing the appeal. The delay has been satisfactorily explained. The application is allowed.

Let the appeal be restored to its original number.

Order Date :- 13.11.2014

SKS

Case :- SECOND APPEAL DEFECTIVE No. - 197 of 2007

Appellant :- Deceased Bhagolu And Others

Respondent :- Aamir

Counsel for Appellant :- S.N.Mishra,B.N. Mishra,Neeraj Tripathi

Counsel for Respondent :- Rajesh Kumar Chitragupt

Hon'ble Sudhir Agarwal,J.

 Heard.

The following substantial questions of law need to be adjudicated by this court.

(1). Where the real dispute being only regarding location of  disputed land, the lower appellate court has ignored evidence and findings recorded by the trial court, without any discussion and has passed order of reversal without reversing the finding of trial court. 

(2). Whether the mutual partition between predecessors in title of plaintiff-appellants and defendant-respondent having been admitted hence was not required proved yet the lower appellate courts has held finding otherwise which is illegal. 

Admit.

Respondents are represented through counsel, hence no fresh notice need be issued. Call for the record of the court below.

Order Date :- 13.11.2014

SKS