Disposed

Seeta Ram v. Umesh and Another

Allahabad HC4 Dec 2025SAPL/213/2025

Case brief

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Seeta Ram v. Umesh and Another, Second Appeal No. 213 of 2025 (SAPL No. 213 of 2025), High Court of Judicature at Allahabad, Lucknow Bench, Syed Qamar Hasan Rizvi, J., decided 04.12.2025. Keywords: Section 100 CPC second appeal; admission stage; substantial question of law deferred; cancellation of registered sale deed dated 05.07.2004 and 08.10.2007; collusion between father and sons; ouster of a

What did the court decide?

Second appeal admitted at the admission stage; Trial Court record summoned; notice issued to respondents returnable at an early date (steps for service within seven working days); parties directed to

Seeta Ram vs Umesh and Another — Allahabad HC (2025) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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SECOND APPEAL No. - 213 of 2025

Seeta Ram

.....Appellant(s)

Versus

Umesh And Another

.....Respondent(s)

Counsel for Appellant(s)	: Priyanshu Awasthi
Counsel for Respondent(s)	:

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Court No. - 20

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HON'BLE SYED QAMAR HASAN RIZVI, J.

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Heard Sri Priyanshu Awasthi, learned counsel for the appellant.

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By means of the present second appeal under Section 100 of the CPC, the appellant has assailed the judgment and decree dated 29.10.2025 passed by the learned Additional District Judge, Court No. 1, Unnao, dismissing the Civil Appeal No. 05/2024 (Sita Ram Versus Umesh and Another) and confirming the judgment and decree dated 11.04.2023 passed by the learned Civil Judge (Junior Division), North, Unnao in Original Suit No. 365/2007(Sita Ram Versus Umesh and Another).

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The contention of learned counsel for the appellant is that the land having No. 2238/ area 0.263 hectare, land having No. 2239/ area 0.6164 hectare, land having No. 137/ area 0.697 hectare and the land having No. 192/ area 0.595 hectare, situated at Village- Awanpur, Pargana- Mohan, Tehsil- Hasanganj, District- Unnao, are the Aaraji belonging to the grandfather of the appellant. He submits that after family partition, the father of the appellant namely Sone Lal sold his share of land No. 2239/ area 0.697 hectare and the land having No. 2238 (Ka)/ area 0.263 hectare to the respondents through registered sale deed dated 05.07.2004 and thereafter sold the land having No. 192/ area 0.595 hectare through the registered sale deed dated 08.10.2007. The appellant, after coming to know about the aforesaid sale deed, filed a suit for cancellation of the same in the Court of learned Civil Judge (Junior Division) North, DistrictUnnao and the said case was registered as Original Suit No. 365/2007

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SAPL No. 213 of 2025

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(Sita Ram Versus Umesh and Another). The aforesaid suit came to be dismissed vide order dated 11.04.2023 by the Court of learned Civil Judge (Junior Division), Unnao. Against the judgment and order of dismissal of the aforesaid suit, the appellant preferred First Appeal before the learned Additional District Judge, Court No. 1, Unnao and the said appeal having No. 05/2024 was also dismissed vide judgment and order dated 29.10.2025.

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It is contended by the learned counsel for the appellant that the learned Appellate Court as well as the Trial Court have erred in their findings based on the presumption of correctness of the registered sale deed as the appellant has established that the sale deed was an outcome of collusive act between the father and his sons, just to oust the appellant.

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Matter requires consideration

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Admit.

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Summon the Trial Court Record.

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Issue notice to the respondents, returnable at an early date.

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Steps for service of notice be taken within seven working days.

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Substantial question of law shall be framed on the appearance of the respondents on the next date.

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List this case on 19.01.2026.

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It is provided that till the next date of listing, status-quo as of today in respect of the nature and possession of the property in question, shall be maintained by the parties.

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(Syed Qamar Hasan Rizvi,J.)

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December 4, 2025

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(Manoj K.)

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

Seeta Ram v. Umesh and Another

Case brief

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Seeta Ram v. Umesh and Another

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