Radheyshyam & 13 Others vs State Of U.P. & Others
2017 Latest Caselaw 6077 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- SECOND APPEAL No. - 1015 of 2017
 

 
Appellant :- Radheyshyam & 13 Others
 
Respondent :- State Of U.P. & Others
 
Counsel for Appellant :- Rahul Sahai
 
Counsel for Respondent :- Mahabir Yadav
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the appellants, learned counsel for the respondent no. 6/4-caveator and perused the record.

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

1. whether, since there was a dispute with regard to the identification of the suit property and encroachment thereof, it was incumbent upon the courts below to have called for a survey commission. In the absence of which, the impugned judgement/ decree of both the courts below stand vitiated ?

Issue notice to the remaining respondents.

Summon the lower court record.

Steps be taken within ten days.

List after receipt of lower court record for final hearing.

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

Order Date :- 31.10.2017

Gss