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Dwarika Prasad (D) Through Lrs vs Prithvi Raj Singh on 20 July, 2022

Bench: D.Y. Chandrachud, Surya Kant, A.S. Bopanna

                                                              1

     ITEM NO.14                                    COURT NO.4                      SECTION XI

                                     S U P R E M E C O U R T O F              I N D I A
                                             RECORD OF PROCEEDINGS

                 Petition(s) for Special Leave to Appeal (C)                      No(s).11259/2022

     (Arising out of impugned final judgment and order dated 24-05-2022
     in WC No. 18990/2004 passed by the High Court of Judicature at
     Allahabad)

     DWARIKA PRASAD (D) THROUGH LRS                                                 Petitioner(s)

                                                            VERSUS

     PRITHVI RAJ SINGH                                                              Respondent(s)

     (FOR ADMISSION and I.R. and IA No.89018/2022-EXEMPTION FROM FILING
     O.T.)

     Date : 20-07-2022 This petition was called on for hearing today.

     CORAM :                   HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
                               HON'BLE MR. JUSTICE SURYA KANT
                               HON'BLE MR. JUSTICE A.S. BOPANNA

     For Petitioner(s)                      Mr. Nikhil Jain, AOR
                                            Mr. Prashant Mehla, Adv.

     For Respondent(s)

                           UPON hearing the counsel the Court made the following
                                                  O R D E R

1 From the record it appears that an ex parte decree was passed on 11 April 1994 for the cancellation of a sale deed of 1979. An application for setting aside the ex parte decree was filed on 31 October 1994, but, formally no application for condonation of delay was filed. The order under Order IX Rule 13 of the Code of Civil Procedure 1908 has been reversed on that ground. 2 Signature Not Verified Issue notice, returnable in twelve weeks.

Sanjay Kumar Date: 2022.07.20 18:57:28 IST Reason: 3 Counter affidavit shall be filed within a period of six weeks from the date of service.

4 Status quo on possession shall be maintained in the meantime.

       (SANJAY KUMAR-I)                              (SAROJ KUMARI GAUR)
       DEPUTY REGISTRAR                                  COURT MASTER