Rama Nand vs Richha Pal And 7 Others
2023 Latest Caselaw 12610 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- SECOND APPEAL No. - 284 of 2023
 

 
Appellant :- Rama Nand
 
Respondent :- Richha Pal And 7 Others
 
Counsel for Appellant :- Sushil Kumar Shukla
 
Counsel for Respondent :- Sunil Kumar Dubey
 

 
Hon'ble Dinesh Pathak,J.

Suit for permanent injunction and the mandatory injunction filed on behalf of the plaintiff-respondents has been partly decreed restraining the defendants not to interfere in the possession of the plaintiff-respondent over the sahan shown by letter Aa, Ba, Sa and Ja at the foot of the plaint. The first Appellate Court, on appeal been filed on behalf of the defendant, has dismissed the appeal and affirmed judgement and decree passed by the learned trial court.

Learned counsel for the defendant/appellant submits that the courts below have illegally not suited the claim of the defendant and decided the matter without properly appreciating the evidence on record in right perspective. The learned counsel for the appellant-defendant has tried to point out some perversity in the judgment passed by the courts below for which lower court record is required.

Let the record of the courts below be summoned and notices be issued to the respondents through R.P.A.D. as well as normal mode of service, at the expenses of the appellants, fixing 14.7.2023 as the date.

(Order on Stay Application)

Issue notice to respondents as observed above.

In the meantime, both the parties are directed to exchange their respective affidavits, if any.

Order Date :- 24.4.2023

PS