Ram vs Soma Singh And Others"
2022 Latest Caselaw 3448 UK

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          Date      or directions                   COURT'S OR JUDGES'S ORDERS
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      21.10.2022                     SA No.133 of 2022
                                     Hon'ble Alok Kumar Verma, J.

The proposed Second Appeal has been filed against the judgment and decree dated 06.08.2022, passed by the learned Ist Additional District Judge, Roorkee, District Haridwar in Civil Appeal No.42 of 2015, "Babu Ram vs. Soma Singh and Others", by which, the said appeal, filed against the judgment and decree dated 17.10.2015, passed by the learned Trial Court in Original Suit No.40 of 1995, has been dismissed. The Original Suit, filed by the respondent no.1 - plaintiff for cancellation of sale deed dated 24.10.1990 and for perpetual prohibitory injunction, was decreed.

Heard Mr. Nagesh Agarwal, learned counsel for the proposed appellant.

The learned counsel for the proposed appellant submitted that the respondent no.2, Attorney of the respondent no.1, had executed the said sale deed dated 24.10.1990 in terms of the registered Power of Attorney dated 23.05.1990, executed by the respondent no.1 - plaintiff.

The learned counsel for the proposed appellant further submitted that both the Courts below committed an error by misinterpreting the said registered Power of Attorney dated 23.05.1990 as a mortgaged deed.

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

(i)Whether both the Courts were justified in holding the registered Power of Attorney dated 23.05.1990 as Mortgage Deed in absence of a challenge of the Power of Attorney dated 23.05.1990 in the Original Suit.

(ii)Whether both the Courts committed a grave error of law misinterpreting the registered Power of Attorney dated 23.05.1990 as a Mortgage Deed.

Issue notice to the respondents. Steps to be taken by 04.11.2022. List this case on 09.01.2023.

In the facts and circumstances of this case, both the parties are restrained to create any third party interest over the property in- dispute till the next date of listing.

(Alok Kumar Verma, J.) 21.10.2022 Pant/