Ram And Others vs Madhubala And Others")
2022 Latest Caselaw 4058 UK

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     19.12.2022                     SA No. 165 of 2022
                                    Hon'ble Alok Kumar Verma, J.

An Original Suit (No. 106 of 2001 "Seva Ram and Others vs. Madhubala and Others") was dismissed on 19.01.2015.

The respondent nos. 1/1 to 6/2 filed a Civil Appeal (No. 10 of 2015) against the said judgment and decree dated 19.01.2015. The said Appeal has been allowed.

Heard Mr. Siddhartha Singh, learned counsel for the proposed appellants.

Learned counsel for the appellants submitted that the First Appellate Court has passed the impugned judgment without setting aside the findings of the Trial Court. He further submitted that the respondents- plaintiffs cannot succeed in regard to boundaries of Khasra No. 279/7/1 without getting the same measured, located or surveyed.

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

(i) Whether the impugned judgment and decree dated 27.09.2022 passed by First Appellate Court in Civil Appeal No. 10 of 2015, "Seva Ram through LR's and Others vs. Smt. Madhubala and Others", can be sustained, when the findings recorded by Learned Trial Court have not been set aside nor reversed?

(ii) Whether the plaintiffs could succeed in regard to boundaries of Khasra No. 279/7/1 without getting the same measured, located, surveyed?

Issue notice to the respondent nos. 1/1 to 6/2.

Steps to be taken within a week. List this case on 27.03.2023. Heard on the Stay Application. Both the parties are restrained to create any third party interest over the property in- dispute till the further order.

Stay Application (IA No. 1 of 2022) stands disposed of.

(Alok Kumar Verma, J.) 19.12.2022 Shiksha