Gola and and Another v. Fakirey
Case brief
What is this about?
Allahabad High Court, Lucknow Bench; Second Appeal No. 112 of 2026 (SAPL No. 112 of 2026); Gola And And Another (appellants, counsel Akbar Ali Khan) v. Fakirey (respondent); decided April 3, 2026 by Syed Qamar Hasan Rizvi, J.; appeal admitted against judgment dated 03.02.2026 in Civil Appeal No. 180 of 2017 (Additional District Judge, Court No. 17, Lucknow) affirming decree dated 28.10.2017 in Civil Suit No. 1007 of 2011 (Additional Civil Judge (JD), Court No. 37, Lucknow); questions of law on Order XXXXI Rule 31 CPC (points for determination in first appeal), Order VII Rule 3 CPC (dimensions of suit property in plaint) and perversity of findings; interim status quo regarding nature and possession of suit property; notice issued; trial court record summoned.
What did the court decide?
Second appeal admitted on the framed questions of law; notice to issue to the opposite party, returnable at an early date, with steps for service within seven working days; Trial Court Record summoned; matter to be listed after four weeks with the service report; interim direction that the status quo as on the date of the order, in respect of the nature and possession of the suit property, be maintained till the next date of listing.