Chandrajeet vs Chandrabali & 7 Others
2017 Latest Caselaw 7193 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 31
 

 
Case :- SECOND APPEAL No. - 1176 of 2017
 

 
Appellant :- Chandrajeet
 
Respondent :- Chandrabali & 7 Others
 
Counsel for Appellant :- Bhola Nath Yadav,Vinod Kumar Yadav
 
Counsel for Respondent :- Chandra Bhan Yadav
 

 
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 learned lower appellate court was justified in allowing the appeal and dismissing the suit without reversing the categorical finding recorded by the trail court that the suit is not barred by Section 176/331 of U.P.Z.A. and L.R. Act ?

2. Whether the learned lower appellate court was justified in allowing the appeal and dismissing the suit by holding that the suit is barred by Section 176/331 of U.P.Z.A. and L.R. Act ?

3.  Whether the learned lower appellate court was justified in allowing the appeal and dismissing the suit by recording the perverse finding to the effect that there is no partition of land in dispute ?

Issue notice to the remaining respondents.

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 not to alienate or change the nature of land and they shall  maintain status-quo of the property in suit.

Order Date :- 21.11.2017

Gss