Smt. Nirmala Devi And 4 Ors. vs Shyam Sunder
2016 Latest Caselaw 2714 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 19
 

 
Case :- SECOND APPEAL DEFECTIVE No. - 156 of 2016
 

 
Appellant :- Smt. Nirmala Devi And 4 Ors.
 
Respondent :- Shyam Sunder
 
Counsel for Appellant :- Ram Chandra Maurya
 

 
Hon'ble Pramod Kumar Srivastava,J.

Heard learned counsel for the appellants who informs that original suits were consolidated and decided by same judgment of trial court, against which two civil appeals no. 76 of 2009 and 77 of 2009 were preferred which were also consolidated and dismissed by judgement dated 22.12.2014 of first appellate court.

Present second appeal has been preferred against that portion of impugned judgement, by which first civil appeal no. 77 of 2009 was dismissed. It is informed by learned counsel for the appellant that against the judgement of first appeal no. 76 of 2009, another second appeal (def) no. 268 of 2015 has been preferred. Since both the appeals appeared to have been filed against same judgement, therefore, hearing on the point of their admission should be made together.

Present second appeal has been filed  beyond period of limitation after 305 days of lapse of period of limitation.

List this case for hearing on the point of admission of second appeal in 4th week of October alongwith second appeal (def) no. 268 of 2015.

It is made clear that neither this appeal has been admitted nor any interim order has been passed in it.

Order Date :- 17.5.2016

Sanjeev