Jagdish Lal Sah Gangola vs "A. As To Whether Both The Courts ...
2021 Latest Caselaw 686 UK

             Office Notes, reports,
             orders or proceedings
SL.
      Date     or directions and                  COURT'S OR JUDGES'S ORDERS
No
             Registrar's order with
                  Signatures

                                      SA No.16 of 2021
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Siddhartha Singh, Advocate for the appellant.

The connected Second Appeal No.16 of 2021 has been preferred by the plaintiff/appellants, as against the judgments, which were rendered in Suit No.82 of 2013, Jagdish Lal Sah Gangola vs. Mahendra Singh Chauhan and another on 22.09.2015, against the partial dismissal of the suit for cancellation of sale deed dated 01.04.2004, which was affirmed with the dismissal of the Civil Appeal No.42 of 2015, Jagdish Lal Sah Gangola (deceased) through Lrs. vs. Mahendra Singh Chauhan and another by the judgment of 07.11.2020.

This second appeal would too stand admitted, on the identical substantial question of law, which has been framed in the memo of appeal i.e. substantial question A, which is extracted hereunder:-

"A. As to whether both the courts below had erred on facts and in law by not considering the rights title of defendant no.2 (alleged son of Durga Singh) to execute the sale deed in favour of defendant no.1, when it is apparently not proved on record that defendant no.2 is the son/legal heir of Durga Singh and is not even resident of the Village Khatyari?

The appellant is directed to take steps for serving the respondents, within a period of ten days from today.

Summon the lower court record. The appeal would be listed as soon as the records are received from the court below alongwith Second Appeal No.15 of 2021. Smt. Sundari Gangola and others vs. Mahendra Singh Chauhan and another.

(Sharad Kumar Sharma, J.) 05.03.2021 Arti