In this procedural interim order, the court directed the issuance of notice and the re-examination of a related first appeal regarding its status as a First Appeal Filed on Own Motion.
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Court No. - 4
Case :- FIRST APPEAL FROM ORDER No. - 383 of 2024
Appellant :- Shri Jagdamba Hindustan Marketing Pvt. Ltd., Lucknow Thru. Managing Director Sujendra Agarwal Respondent :- Sangeeta Singh And Others Counsel for Appellant :- Deepanshu Dass,Rajendra Kumar,Yogesh Gurnanee
Hon'ble Rajnish Kumar,J.
Heard Sri Deepashu Dass, learned counsel for the appellant.
Learned counsel for the appellant submits that one Sri Hari Narayan, who was the original tenure holder of the land in dispute had executed a Will in favour of three persons. Out of three, two died and their successors entered into License Agreement with the third person. Thereafter they sold their part to the said licensee. The third person executed a sale deed in favour of the appellant. Since there was interference in the possession of the appellant, the suit for permanent injunction was filed. Another suit for permanent injunction was filed by other person for 2/3rd portion of land, who had purchased from the aforesaid two persons. In both the cases, initially ad-interim injunction was granted. However, application for interim injunction was finally dismissed. The other has filed First Appeal No.193 of 2024, in which the notices have been issued. However, the same should have been F.A.F.O.
Issue notice to the respondents returnable at an early date.
Steps to be taken within a week.
List with service report alongwith First Appeal No.193 of 2024 on the date fixed in the leading appeal.
It is made clear that that issuance of notice will not operate as stay of proceedings, which shall go on in accordance with law.
Office shall re-examine First Appeal No.193 of 2024 and submit a report in the same in regard to the objection raised by the appellant regarding registration as F.A.F.O.
Order Date :- 27.11.2024 Akanksha Sri.
Digitally signed by :- AKANKSHA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
Shri Jagdamba Hindustan Marketing Pvt. Ltd.
Sangeeta Singh
Rajnish Kumar
As recorded by the court registry
2 orders share this CNR
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