Disposed

Mata Prasad and Another v. Bhagwat Prasad

Allahabad HC22 Oct 2024SAPL/176/2024

Case brief

AI extract

What is this about?

The Hon'ble Allahabad High Court admitted the second appeal formulated two substantial questions of law regarding procedural defects in the first appellate judgment. The court periodically stayed the impugned judgment and directed titling the case for further hearing.

What did the court decide?

Stayed impugned judgment and decree till next date of listing. Title, possession and nature of property shall not be alienated.

Mata Prasad and Another vs Bhagwat Prasad — Civil Procedure and Limitation | Allahabad HC (2024)

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Court No. - 4

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Case :- SECOND APPEAL No. - 176 of 2024

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Appellant :- Mata Prasad And Another Respondent :- Bhagwat Prasad Counsel for Appellant :- Adnan Ahmad Counsel for Respondent :- Surendra Singh

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Hon'ble Rajnish Kumar,J.

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Shri Ankit Pande, Advocate filed his 'Vakalatnama' on behalf of respondent, which is taken on record.

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Heard, Shri Adnan Ahmad, learned counsel for the appellants and Shri Ankit Pande, learned counsel for the respondent.

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Learned counsel for the appellants submits that the First Appellate Court has passed the impugned judgement and decree in an illegal manner and without application of mind only copying the findings recorded by the trial court and without considering the grounds raised by the appellant in the appeal, therefore the same is not sustainable in the eyes of law. He relies on Malluru Mallappa (D) through LRs versus Kuruvathappa & others; 2020 AIR (SC) 925 .

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Per contra, learned counsel for the respondent submits that the First Appellate court has decided the appeal in accordance with law and passed the judgment and decree after considering the grounds raised in the appeal.

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The matter requires consideration.

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This Second Appeal is Admitted on the following substantial questions of law formulated in the memo of appeal:-

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(1) Whether in a case where the first appellate court while exercising powers under Section 96 CPC has not applied its mind and has only copied and pasted the findings of the trial court, the judgment and decree is sustainable in law?

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(2) Whether due to not following the procedure under Section 96 read with Order 41 Rule 31 of the Code of Civil Procedure by the first appellate court has resulted in causing prejudice to the appellants whose valuable right to prosecute the first appeal on facts and law was adversely affected which, in turn, deprived them of a hearing in the appeal in accordance with law? If so, it's effect.

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Summon the Lower Court Record.

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Steps to be taken within a week.

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List after receipt of Lower Court Record.

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The impugned judgment and decree dated 27.08.2024 passed in Civil Appeal No.38 of 2022; Mata Prasad and another Versus Bhagwat Prasad by learned Additional District Judge, Court No.1, Gonda shall remained stayed till the next date of listing and title, possession and nature of property in dispute shall not be alienated by the parties.

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On the next date of listing the name of Shri Ankit Pandey Advocate shall be shown as counsel for the respondent in the cause list.

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...................................... .(Rajnish Kumar,J.) Order Date :- 5.11.2024 Banswar

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Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench

Mata Prasad and Another v. Bhagwat Prasad

Case brief

What is this about?

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Mata Prasad and Another v. Bhagwat Prasad

Case brief

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