SA/116/2022
2022 Latest Caselaw 3064 UK

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                      COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      21.09.2022                        SA No.116 of 2022
                                        Hon'ble Alok Kumar Verma, J.

The proposed Second Appeal has been filed under Section 100 of the Code of the Civil Procedure, 1908 against the judgment and decree dated 10.08.2022, passed by the IIIrd Additional District Judge, Dehradun in Civil Appeal No.22 of 2017, "Vijay Prakash Jaguri vs. Rakesh Jaguri and Others", by which, the said appeal has been dismissed.

The said appeal was filed against the judgment and decree of the trial court, by which the original suit was decreed.

Heard Mr. Neeraj Garg, the learned counsel for the proposed appellant.

The learned counsel for the proposed appellant submitted that the provision of Section 45 of the Transfer of Property Act, 1882 is not applicable in this matter.

In the facts and circumstances of the case, it would be appropriate to issue notice to the respondents even before passing any order on the admission.

Issue notice to the respondents. Steps to be taken within a week. List this case on 06.01.2023.

(Alok Kumar Verma, J.) 21.09.2022

Neha