Dismissed

Awadhesh Kumar Verma v. American Methodist Mission and Others

Uttarakhand HC6 May 2013FA/64/2013

Case brief

AI extract

What is this about?

This Court dismissed the third-party appeal and rejected the application for permission to file a separate appeal, holding that the appeal was not maintainable as the appellant was not a party to the original suit and no rights between parties were determined. The delay was condoned for the initial appeal but the substance was dismissed.

What did the court decide?

Application CLMA No. 3144 of 2013 for permission to file appeal rejected; appeal dismissed summarily as not maintainable.

Awadhesh Kumar Verma Vs American Methodist Mission… — Property and Title | Uttarakhand HC (2013)

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IN THE HIGH COURT OF UTTARAKHAND

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First Appeal No. 64 of 2013 With

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CLMA No. 3142 of 2013 CLMA No. 3143 of 2013 CLMA No. 3144 of 2013 CLMA No. 3145 of 2013

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Awadhesh Kumar Verma

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W/o Late Shri Shyam Bahadur Verma R/o EPWORTH Estate, Paparsali, Almora Tehsil and District Almora

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……………. Third party/appellant

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Versus

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American Methodist Mission, Methodist Church

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Through District Superintendent Rajeev Massey

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Buddon Memorial Methodist Church,

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District Almora

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Amandeep Singh, S/o Sri Gurucharan Singh

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R/o 16‐A Sehdana Colony, Bareilly Model Town

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District Bareilly

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Manvinder Singh Chabra

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S/o Late Mahendra Singh Chabra

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R/o 77 Ashok Colony, Pilibhit

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…………… Plaintiffs/Respondents

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Pooran Singh, S/o Late Kesar Singh R/o Village Balta Bari, Patti Khas Parja

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Tehsil and District Almora

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…………… Defandant/Respondent

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Mr. R.K. Sinha, Advocate, present for the appellant

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Mr. Udyog Shukla, Advocate, present for the plaintiffs/respondent nos. 1 to 3.

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Hon’ble Prafulla C. Pant,J.

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Heard.

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This is delay condonation application no. 3143 of 2013, for condonation of delay in filling the appeal with

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application no. 3144 of 2013 against judgment and decree dated 16.04.2012 passed by Civil Judge (Sr. Div.), Almora in Civil Suit No. 64 of 2003.

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Delay of 262 days in filing the appeal/application no. 3144 of 2013 is sufficiently explained in the affidavit filed by Awadhesh Kumar Verma (appellant/ applicant).

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Delay condonation application is allowed. Delay is condoned.

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Also heard on application no. 3144 of 2013 seeking permission to file the appeal against the aforesaid decree passed by the trial court in Suit No. 64 of 2003 against defendant Pooran Singh (present respondent no. 4).

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Rejoinder affidavit filed on behalf of the appellant/applicant is taken on record.

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On going through the impugned judgment and order dated 16.04.2012 passed by the Civil Judge (Sr. Div.) Almora, in Civil Suit No. 64 of 2003 it is found that respondent nos. 1 to 3/plaintiffs filed the suit for prohibitory injunction and possession against

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defendant Pooran Singh who was Chawkidar/licensee in the property in suit, who allegedly in a clandestine manner claimed ownership over the part of the property of church (plaintiff no. 1). After recording evidence and hearing the parties, the trial court has decreed the suit for possession and injunction.

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The present appellant/applicant was not the party in suit. He is claiming his rights through one Dhawan who is also not party in suit. The trial court appears to have rightly rejected the application under Order 9 Rule 13 filed by the appellant/applicant as he was not defendant are suit.

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In the above circumstances, this appeal filed on behalf of the third party in not maintainable as no rights between the present appellant and the plaintiff in suit are determined.

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Therefore, application CLMA No. 3144 of 2013 for permission to file the appeal is rejected. The appeal is dismissed summarily.

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(Prafulla C. Pant, J.) 06.05.2013

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Parul

Awadhesh Kumar Verma v. American Methodist Mission and Others

Case brief

What is this about?

What did the court decide?

Awadhesh Kumar Verma v. American Methodist Mission and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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