TODAI & OTHERS versus D.D.C.& OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Todai & Others v. D.D.C.& Others - WRIT - B No. 32472 of 2003 [2005] RD-AH 4744 (24 October 2005)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. S. K. Singh, J.

Argument is that in respect to the question that whether Bodhey, the father of respondent no. 3 is the brother of Algoo or not the appellate authority and revisional court has relied upon the judgment given by the Judicial Officer in the case filed by Bodhey against Bhaggoo and others but neither petitioners were the party in that suit nor they have contested the matter and otherwise also from perusal of the copy of the plaint  of the suit filed by Bodhey and from the copy of statement of Bodhey (Annexure 6 and 7 to the writ petition) there is clear admission of Bodhey that Algoo is  not his brother and therefore submission is that  the finding given by the courts below are totally perverse and thus conclusion arrived at becomes erroneous.

In view of the aforesaid, it is provided as an interim measure that parties will maintain status quo in respect to nature possession over the land in dispute as exists today, till the next date of listing..

Respondent no. 3 is represented by Sri D.K. Srivastava, learned Advocate. Sri Anuj Kumar, learned Advocate represents respondent no. 4.

All the respondents may file counter affidavit by the next date.

List this matter in the week commencing 12.12.2005.

24.10.2005

M.A.A.

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