Krishna Sharma & Another vs Girja Shankar & 2 Others
2017 Latest Caselaw 7987 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 31
 

 
Case :- SECOND APPEAL No. - 1300 of 2017
 

 
Appellant :- Krishna Sharma & Another
 
Respondent :- Girja Shankar & 2 Others
 
Counsel for Appellant :- Pooja Agarwal
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the appellants and perused the record.

This second appeal is admitted on the following substantial questions of law;

1. Whether the observation/finding recorded by the Sub Divisional Magistrate in proceedings under section 133 Cr.P.C. which was set aside  and later proceedings were dropped is admissible evidence in regular suit ?

2. Whether the proceedings under section 133 Cr.P.C. initiated in the year 1976 in regard to different construction is relevant in  the suit where the version of plaintiff -appellant is that the disputed construction has been raised in the year 2004 ?

3. Whether the finding of the court below is sustainable in when it ignores the admissions of the defendant- respondent particularly when the learned trial court relied upon such admission ?

Issue notice to the respondents.

Summon the lower court record.

Steps be taken within two weeks.

List after receipt of lower court record for final hearing.

Till the next date of listing, the parties are directed to maintain status-quo of the property in suit.

Order Date :- 14.12.2017

Gss