Unknown vs Kusum
2021 Latest Caselaw 5251 UK

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      21.12.2021                        SA No.112 of 2021
                                        Hon'ble Alok Kumar Verma, J.

This Second Appeal has been filed against the judgment and decree dated 15.11.2021, passed by the learned District Judge, Pithoragarh in Civil Appeal No.9 of 2015, "Pramod Kumar vs. Kusum Bitalu and Others" whereby the learned First Appellate Court dismissed the appeal, filed by the appellant against the judgment and decree dated 31.08.2015, passed by the learned Civil Judge (Junior Division), Dharchula in Civil Suit No.8 of 2010, "Kusum Bitalu vs. Pramod Kumar and Others" whereby the suit of the respondent no.1/plaintiff was allowed.

Heard Mr. T.A. Khan, learned Senior Advocate assisted by Ms. Divya Jaiswal, learned counsel for the appellant and Mr. Vinod Nautiyal, learned Deputy Advocate General for the State/respondent nos. 2 & 3.

Perused the record.

This Second Appeal is admitted on the following substantial question of law:-

"Whether both the courts below committed gross illegality and perversity while passing the judgments by not considering that the tin shade-in- question was not being used as Gaushala and the said tin shade was being used for human inhabitation?"

The learned counsel for the State requested two weeks' time to file objection(s) to the stay application.

Issue notice to the respondent no.1. Steps to be taken within a week. Post this case on 13.01.2022.

(Alok Kumar Verma, J.) 21.12.2021

Neha