Chandr Gupt vs Pyare Mohan & 5 Others
2017 Latest Caselaw 6849 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- SECOND APPEAL No. - 1132 of 2017
 

 
Appellant :- Chandra Gupt
 
Respondent :- Pyare Mohan & 5 Others
 
Counsel for Appellant :- Ashok Kumar Singh
 
Counsel for Respondent :- Uttar Kumar Goswami
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the appellant, learned counsel for the respondent nos. 1,2 and 3 and perused the record.

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

1. Whether the appellate court decreed the suit of plaintiffs without giving finding as suit for partial partition is maintainable or not ?

2. Whether the appellate court in its judgment found that no partition was done between the parties, can pass decree for permanent injunction against the co-sharers ?

3.  Whether the appellate court without proper determination of points under order 41 Rule 31 of Civil Procedure Code setting aside the judgement and decree of trial court is legal ?

Issue notice to the respondent nos. 4 to 6.

Summon the lower court record.

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 :- 14.11.2017

Gss