Allahabad High Court
Chandr Gupt vs Pyare Mohan & 5 Others on 14 November, 2017
Author: Bachchoo Lal
Bench: Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- SECOND APPEAL No. - 1132 of 2017 Appellant :- Chandra Gupt Respondent :- Pyare Mohan & 5 Others Counsel for Appellant :- Ashok Kumar Singh Counsel for Respondent :- Uttar Kumar Goswami Hon'ble Bachchoo Lal,J.
Heard learned counsel for the appellant, learned counsel for the respondent nos. 1,2 and 3 and perused the record.
This second appeal is admitted on the following substantial questions of law;
1. Whether the appellate court decreed the suit of plaintiffs without giving finding as suit for partial partition is maintainable or not ?
2. Whether the appellate court in its judgment found that no partition was done between the parties, can pass decree for permanent injunction against the co-sharers ?
3. Whether the appellate court without proper determination of points under order 41 Rule 31 of Civil Procedure Code setting aside the judgement and decree of trial court is legal ?
Issue notice to the respondent nos. 4 to 6.
Summon the lower court record.
List after receipt of lower court record for final hearing.
Till the next date of listing, the parties are directed to maintain status-quo of the property in suit.
Order Date :- 14.11.2017 Gss