Disposed

Smt. Urmila Agrahari Thru. Her Power of Attorney Holder Shri Jagdish Chandra Gupta v. Ramesh Chandra

Allahabad HC12 Dec 2024FAFO/145/2024

Case brief

AI extract

What is this about?

The single judge issued interim stays and directions in a civil appeal regarding a suit for possession. The court stayed the impugned order, summoned the lower court record, and listed the matter for hearing, directing notice to the respondent.

What did the court decide?

Impugned order stayed; dasti and speed post notices issued; lower court record summoned; matter listed for hearing.

Smt. Urmila Agrahari Thru. Her Power of Attorney Holder… — Property and Title | Allahabad HC (2024)

¶1

Court No. - 5

¶2

Case :- FIRST APPEAL FROM ORDER No. - 145 of 2024

¶3

Appellant :- Smt. Urmila Agrahari Thru. Her Power Of Attorney Holder Shri Jagdish Chandra Gupta Respondent :- Ramesh Chandra Counsel for Appellant :- Pritish Kumar,Amal Rastogi

¶4

Hon'ble Rajnish Kumar,J.

¶5

Shri Pritish Kumar, learned counsel for the appellant submits that the suit for possession filed by the appellant was allowed by the trial court after considering the pleadings, evidence and material on record. The appellate court after framing the point of determination framed by the sole respondent in his written arguments filed before the appellate court and recording the arguments and findings disclosed in written arguments, without application of mind, has allowed the appeal without recording its independent findings and as to how the findings in regard to the second point of determination, recorded by the trial court, are not tenable.

¶6

He also submits that the first point of determination does not arise in the matter because the order passed by the Nagar Maha Palika has not decided the title which was specifically mentioned in the order dated 20.05.1999 that the name of the respondent has been recorded only for the purposes of tax but the appellate court considered as if by means of the said order the title has been decided in favour of the respondent.

¶7

He further submits that neither the claim raised by the respondents could be proved by him before the trial court nor there was any counter claim in regard to the property in dispute by the respondents which has been specifically considered and dealt with by the trial court, but without considering the same the appeal has been allowed and the matter has been remitted to the trial court for a fresh trial after framing the fresh issues, whereas the issues were correctly framed and no objection was raised by the respondent ever that any issue has not been correctly framed or the issues framed by the trial court are required to be modified or altered in any manner.

¶8

Learned counsel for the appellant further submits that the appellant has purchased the property in dispute through a registered sale deed from Dharm Kumari and till date neither any suit for cancellation of sale deed has been filed nor any suit has been filed for claiming the right of re-purchase by the respondent.

¶9

The matter requires consideration.

¶10

Admit.

¶11

Issue notice to the respondent through speed post returnable at an early date.

¶12

As prayed by learned counsel for the appellant, dasti notice shall also be issued to the respondent.

¶13

Summon the lower court record.

¶14

Steps within a week.

¶15

List in the first week of July, 2024.

¶16

Till the next date of listing, the impugned order dated 15.02.2024 passed in Regular Civil Appeal No.58 of 2017 (Ramesh Chandra Vs. Smt. Urmila Agrahari) passed by the Additional District Judge, Court No.6, Lucknow shall remain stayed.

¶17

...................................................................(Rajnish Kumar, J.) Order Date :- 15.5.2024 Haseen U.

¶18

Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench

Smt. Urmila Agrahari Thru. Her Power of Attorney Holder Shri Jagdish Chandra Gupta v. Ramesh Chandra

Case brief

What is this about?

What did the court decide?

Smt. Urmila Agrahari Thru. Her Power of Attorney Holder Shri Jagdish Chandra Gupta v. Ramesh Chandra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Oriental Insurance Company Ltd. Thru. Manager / Deputy Manager Regional Office Lko. vs Imran Jahan and 4 Others

Brijesh Kumar Srivastava vs Smt. Sudha Srivastava and 17 Others

Subhadra Awasthi and Others vs U.P. State Rodvez Transport Corporation Tedhi Kothi, Lucknow Thru. General Manager

Jumai vs the New India Insurance Company Ltd., Bahraich Thru. Its Branch Manager and 3 Others

Malti Devi and Others vs National Insurance Co. Ltd. Lko. Thru. Its Regional Manager and Another

Inglesh Kumar vs Nagar Panchayat Kursath Hardoi Thru.Executive Officer and Ors.