Full Judgment
SECOND APPEAL No.472/2011 1 09.01.2014 Shri R.L.Ariha, learned Counsel for the appellant.
Heard on the question of admission.
This second appeal is admitted on the following substantial questions of law : “A.
Whether the lower Appellate Court was right in reversing the judgment and decree of the Trial Court only on the basis of a decree passed in Civil Appeal No.72-A/2007 even when it was found by the lower Appellate Court that the present appellant was not a party in the said appeal ?.B.Whether in absence of specific pleading with respect to the application of the appellate judgment passed in any proceeding in which the appellant/plaintiff was not a party, principle of estopple would be applicable against the appellant to claim any relief against the respondents/defendants ?.C.Whether in absence of any counter claim, a registered sale-deed could be declared null and void even when the findings were recorded by the Trial Court with respect to the entitlement of plaintiff on the strength of registered sale-deed ?.” Issue notices of this appeal on merits and I.A.No.5137/2011, an application under Order 39 Rule 1 & 2 of the Code of Civil Procedure, to the respondents on payment of process fee within seven days by registered SECOND APPEAL No.472/2011 2 A.D.as well as by ordinary mode both.
The notices will contain the substantial questions of law framed by this Court.
Notices be made returnable in six weeks.
Since it is the finding of the Court below that the appellant is in possession of the disputed land, it is directed that till further consideration of this interim application, parties to the appeal shall maintain status quo with respect to the possession over the land in suit.
List immediately after six weeks in the week commencing 10th March, 2014.
Certified copy as per rules.
(K.K.Trivedi) Judge Skc