SA/164/2022
2023 Latest Caselaw 995 UK

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                                      SA No.164 of 2022
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Sandeep Kothari, Advocate for the appellant.

Heard.

Issue notice to the respondents. Summon the lower court's record. Steps to serve the respondents, would be taken within a period of one week.

List after the record of the court below are received.

At this stage, the appeal would stand admitted on substantial question of law as framed:-

"II. Whether the learned trial court has failed to consider that failure to honor the terms of family settlement cannot be a ground to pass a decree of partition and the family settlement as agreed between the parties cannot be ignored more particularly when it is nobody's case that it was unreasonable or biased?

V. Whether the learned appellate court was committed manifest error of law by wrongly applying the judgment and order passed in the case of Kale Vs. Dy. Director of Consolidation. VII. Whether the learned appellate court was committed manifest error of law by not referring the issues framed by the trial court, further has not framed the issues/points of determination and has failed to comply the mandate of order 41 rule 31 of CPC?"

Till the next date of listing, the parties to the second appeal are hereby directed to not to create any third party interest in relation to the property in dispute.

(Sharad Kumar Sharma, J.) 13.04.2023 Arti