Kirpa Ram vs Rajit Ram And Others
2023 Latest Caselaw 8082 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 

 
Case :- SECOND APPEAL No. - 61 of 1983
 

 
Appellant :- Kirpa Ram
 
Respondent :- Rajit Ram And Others
 
Counsel for Appellant :- U.K.Srivastava
 
Counsel for Respondent :- V.P.Nagaur
 

 
Hon'ble Jaspreet Singh,J.

The instant appeal is of the year 1983. Shri U. K. Srivastava, learned counsel for the appellant submits that the sole question involved in the instant second appeal was in respect of the jurisdiction of the civil court to entertain a suit for cancellation of void sale deed. The two courts had held against the plaintiff-appellant. However, the record further indicates that on 30.04.2003, the Court had passed the following order which reads as under:-

"Plaintiff's Suit for cancellation of sale deed was dismissed by the learned Munsif-I, Gonda vide judgment and decree dated 01.03.1982 and it was held that it has no jurisdiction to entertain the Suit. First appeal arising out of that judgment and decree has also been dismissed by learned District Judge, Gonda vide judgment and decree dated 12.10.1982. There are thus two concurrent findings of fact recorded by the two courts below.

The law is very clear on this point that a Suit for cancellation of the sale deed would be entertained by the Civil Court alone and not by the revenue Court. In fact no effective relief could be given by the revenue Court in the matter of cancellation of the sale deed. Therefore, the findings recorded by the two courts below are hereby set aside and the matter is remanded back to the learned Munsif, Gonda with a direction that he shall restore the case at its original number and shall decide the same according to law after hearing the parties and their learned counsel."

In view of the aforesaid order, nothing survives inasmuch as the appeal already stands allowed. There is no application to recall order/review the said order. The record further indicates that another application was moved by the respondent seeking to get the appeal abated and restrained the appeal. However, the said application become redundant. In view of the fact that the said application was filed subsequent to the order passed by the Court on 30.04.2003.

In view of the aforesaid, the appeal shall stand consigned to record in terms of the order dated 30.04.2003.

Order Date :- 20.3.2023

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