Kedar Nath v. Bhagauti Prasad and 25 Others

Court No. - 4

Case :- SECOND APPEAL No. - 185 of 2024

Appellant :- Kedar Nath Respondent :- Bhagauti Prasad And 25 Others Counsel for Appellant :- Amit Srivastava,Akhilesh Kumar Tiwari

Hon'ble Rajnish Kumar,J.

Heard Shri Amit Srivastava, learned counsel for the appellant.

Learned counsel for the appellant submits that the Gata No.400 was recorded in the name of appellant, however during pendency of the suits on account of clerical mistake it was recorded in the name of one Kailash Nath, therefore, the learned counsel appellate court held that the appellant has failed to produce any document in his name, whereas the trial court has recorded that the Khasra and Khatauni in the name of the appellant was filed and the respondents have also not disputed the ownership of the appellant on Gata No.400. He further submits that on an application by the appellant correction has been made and the dispute is pending before Board of Revenue.

In the facts and circumstances of the present case, this Court deems it fit to issue notice pending admission and summon the lower court record for considering on admission.

Issue notice.

Summon the lower court record.