PRABHU DAYAL versus SHARDA PRASAD & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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

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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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