Others vs Kamal Kishore Sharma". The
2022 Latest Caselaw 2836 UK

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                      COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      07.09.2022                        SA No.110 of 2022
                                        Hon'ble Alok Kumar Verma, J.

The respondent no.1 had filed an Original Suit (No.29 of 2009). The said suit was decreed. Against the judgment and decree of the learned trial court, the proposed appellant and proforma respondents-defendants filed a Civil Appeal (No.87 of 2018), "Yaseen and Others vs. Kamal Kishore Sharma". The said Civil Appeal has been dismissed vide judgment and decree dated 13.07.2022, passed by the Ist Additional District and Sessions Judge, Haridwar.

Heard Mr. Siddhartha Singh, the learned counsel for the appellant and Mr. Siddhartha Sah, the learned counsel for the respondent no.1/Caveator.

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

(i) As to whether a dispute in regard to existence of Gohar/passage recorded in minor part of khasra no.1266 could be ascertained and held without identification, measurement, when the commission report has neither been confirmed nor set aside?

(ii) Whether both the courts below have fallen in error by considering the passage in khasra no.1266/1 while the rest area of khasra no. 1266/2 in possession of defendants has been held to be in North of the passage, against the principle of marking fraction khasra numbers, which starts from North West corner and moves in increasing order towards South?

The learned counsel for the respondent no.1 requested three weeks' time to file objection(s) to the stay application.

At the request of the learned counsel for the parties, list this case on 28.09.2022.

(Alok Kumar Verma, J.) 07.09.2022

Neha