Single judge disposed of execution objections by setting aside impugned orders and remitting matter for trial on title, framing issues, and allowing evidence instead of deciding on merits.
Impugned judgments dated 5.9.2016 and 3.4.2017 set aside; matter remanded for trial, framing of issues, and passing of evidence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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MAHABIR SINGH YADAV ..... Appellant Through: Mr. Atul Kumar Sharma, Advocate.
versus
SATISH KUMAR YADAV (SINCE DECEASD) THR LRS
..... Respondents Through: Mr. Anurag Parashar, Advocate for R-1 and 2. R-3 in person.
CORAM: HON'BLE MR. JUSTICE VALMIKI J. MEHTA
O R D E R % 01.11.2017
the consent decree dated 5.4.2013 were dismissed.
EX.S.A. 1/2017 page 1 of 3
Appellant is the father of the plaintiff and defendant in the suit. Plaintiff in the suit Sh. Satish Kumar Yadav, represented through respondent no. 1 herein, pleads that the appellant/objector/father had transferred the suit property to Sh. Satish Kumar Yadav by executing documents such as agreement to sell, power of attorney, Will, receipt,
etc. Appellant/objector admits to execution of the power of attorney and Will but denies of execution of agreement to sell, receipt, etc.
page 2 of 3
EX.S.A. 1/2017
VALMIKI J. MEHTA, J
NOVEMBER 01, 2017 AK
page 3 of 3
EX.S.A. 1/2017
2 issues framed by the court
Whether disputed questions of fact regarding independent title to suit premises can be decided in objections to execution proceedings.
Whether parties can be allowed to lead evidence in support of their cases on title in execution objections when a fresh suit is barred.
1 provisions across 1 enactments
Mahabir Singh Yadav
Satish Kumar Yadav (Since Deceased) Thr LRS
Valmiki J. Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
