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PRABHU DAYAL versus SHARDA PRASAD & OTHERS

High Court of Judicature at Allahabad

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Prabhu Dayal v. Sharda Prasad & Others - WRIT - C No. - 54968 of 2007 [2007] RD-AH 17508 (6 November 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Hon. Dilip Gupta, J.

Original Suit No.168 of 2007 was filed for cancellation of the sale deed dated 28th February, 2000. The petitioner was a defendant in the said suit. Issue no.5 was framed as to whether the suit would abate in view of the provisions of Section 5(2) of the U.P. Consolidation of Holdings Act, 1953.

The Trial Court decided this issue in favour of the defendant but the Revisional Court has set aside this finding.

Learned counsel for the petitioner raised a number of submissions against the order passed by the Revisional Court but I am not inclined to examine them in this petition. It would be open to the petitioner to challenge the order in the Civil Appeal in the event he is aggrieved by the decree passed by the Trial Court.

The petition is, accordingly, dismissed.

Date: 6.11.2007

GS-54968-07


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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