Court No. - 29 Case :- FIRST APPEAL FROM ORDER No. - 1198 of 2010 Petitioner :- Khursheed Khan And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- Y.D. Sharma Hon'ble Sunil Ambwani,J.
Hon’ble Kashi Nath Pandey,J.
It is submitted by Shri Y.D. Sharma that First Appeal From Order
No.1306 of 2010 arising out of same order was allowed by this
Court on 12.5.2010. The Addl. Sessions Judge has rejected the
application for execution on the ground that the fraud was played
upon the Court and that the document by which the decree was
sold by the tenure holders to appellant Nos.6 and 7 were not
genuine documents. According to the Addl. District and
Sessions Judge the signatures on these documents did not tally
with the signatures of the tenure holders.
Be that as it may. We find that the objection was taken before the
Division Bench that the first appeal from order is not maintainable,
the Division Bench did not decide the matter and proceeded to
pass final orders.
Prima facie we find that the order passed by the Addl. Sessions
Judge does not fall under Order 43 Rule 1 (I), (J) and (J-a). Let
learned counsel for the appellants satisfy the Court that the first
appeal from order is maintainable.
List on 20.7.2010.
Order Date :- 3.7.2010
SP/