IN THE HIGH COURT OF JUDICATURE AT PATNA
SA No.148 of 2000
KUSHESWAR SHARMA @ KUSHESWAR MISTRI & ANR
Versus
SHEOJI BALESHWAR NATH MAHARAJ
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10/ 07.07.2010 Heard learned counsel for the appellants.
This appeal will be hard. Admit.
Following substantial questions of law arise for
consideration in the instant second appeal :-
(i) Whether the court of appeal below, while
reversing the judgment and decree of the trial
court, was justified in ignoring that no document
regarding creation of any Trust as per pleadings
of the plaintiffs had been produced ?
(ii) Whether the finding of the lower appellate court
is contrary to the contents of the registered deeds
of sale (Exts. E & E/1) with regard to exclusive
right of Babulal Sharma regarding alienation of
the properties in question, whereas, the other co-
sharers were debarred from creating any
hindrance ?
Issue appeal notices upon the respondents by ordinary
process, for which, Talbana etc. must be filed by the appellants
within one week, failing which, this appeal shall stand dismissed
without further reference to a Bench.
Call for the records from the court below.
MPS/ ( S. N. Hussain, J. )