SA/4/2023
2023 Latest Caselaw 161 UK

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      10.01.2023                        SA No.4 of 2023
                                        Hon'ble Alok Kumar Verma, J.

s

The present appellants had filed an Original Suit (No.34 of 2007) for cancellation of sale deed and for perpetual injunction. The said Original Suit was dismissed. The First Appeal No.01 of 2014, filed by the plaintiffs against the judgment and decree dated 13.12.2013, passed by the learned Trial Court, has been dismissed vide judgment and decree dated 03.11.2022, by the learned Ist Additional District Judge, Roorkee, District Haridwar.

Heard Mr. Siddhartha Singh, learned counsel for the appellants - plaintiffs.

Mr. Siddhartha Singh, Advocate, submitted that the plaintiffs were the lease holder.

The Appellate Court has held that the plaintiffs are neither the buyer nor the seller of the suit property nor they in possession of the suit property, and, the conditions of the lease deed were violated in the year, 1995.

In the facts and circumstances of this case, it would be appropriate to issue notice to the respondent nos.1 and 2 - contesting defendants even before passing any order on Admission.

Steps to be taken within a week. List this case on 07.03.2023.

(Alok Kumar Verma, J.) 10.01.2023

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