Sunder Lal Gupta vs Summi Ahirwar (Now Dead) & 2 Others
2017 Latest Caselaw 5817 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- SECOND APPEAL No. - 1027 of 2017
 

 
Appellant :- Sunder Lal Gupta
 
Respondent :- Summi Ahirwar (Now Dead) & 2 Others
 
Counsel for Appellant :- Ramendra Asthana
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the appellant and perused the record.

The appeal is admitted on the following substantial question of law;

"1.   Whether the impugned decrees and judgements passed by the learned courts below are liable to be set -aside on the ground of having been rendered in the teeth of law laid down by their lordships of the Apex Court in case of Shreepat Vs. Rajendra Prasad and others reported in J.T. 2000 (7) SC 379 laying down that when there arises serious dispute with regard to the area and / or boundaries of the land in dispute specially with regard to its identity the courts below ought to get the identities established by issuing a Survey Commission ?"

Issue notice to the respondents.

Summon the lower court record.

Steps be taken within ten days.

List after service of notice upon the respondents for final hearing.

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

Order Date :- 26.10.2017

Gss