Dutt vs Surendra Dutt (Deceased)"
2021 Latest Caselaw 5285 UK

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                         COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      22.12.2021                        SA No. 115 of 2021
                                        Hon'ble Alok Kumar Verma, J.

This Second Appeal has been filed against the judgment and decree dated 22.09.2021, passed by the learned IInd Additional District Judge, Haridwar in Civil Appeal No.71 of 2013, "Pramod Dutt vs. Surendra Dutt (deceased)" through Legal Representatives, whereby, the First Appeal, filed by the respondent herein, has been allowed. The said Civil Appeal was filed against the judgment and decree dated 31.08.2013, passed by the learned Ist Additional Civil Judge, (Senior Division), Haridwar in Original Suit No.139 of 2007,"Surendra Dutt vs. Pramod Dutt", whereby, the original suit, filed by the appellant was allowed.

Heard Mr. Arvind Vasisth, the learned Senior Advocate assisted by Mr. Kaushal Pandey, the learned counsel for the appellants.

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

(i)Whether appellants are entitled to decree, claimed in the original suit on the ground of their title?

(ii)Whether mandatory injunction, claimed against the defendant, can be refused on the ground that modalities of license are not proved?

Issue notice to the respondent. Steps to be taken within a week.

List this case on 22.02.2022. Till then, the parties are directed not to create any third party interest qua the disputed property i.e. "Schedule B", as mentioned in the plaint.

(Alok Kumar Verma, J.) 22.12.2021

Pant/