Court No. - 1 Case :- SECOND APPEAL No. - 12 of 2010 Petitioner :- Sri Kaptan Singh (Died During Pendency Of Suit) And Others Respondent :- Sri Narottam Singh Petitioner Counsel :- Yogendra Kumar Srivastava,Manoj Yadav Hon'ble Rakesh Sharma,J.
Heard learned counsel for the appellants.
Admit.
Issue notice to the respondents.
Following substantial questions of law arise for consideration in the present
case.
(1)Whether the learned lower appellate court is justified in setting aside the
findings of the Trial Court over the issue nos.1,2,3 and 8, wherein the Trial
Court has given easementary rights of using the rasta to both the contesting
parties. It has not declared that the common passage was the property of the
plaintiff or that of the defendants.
(2) Whether findings recorded by the learned appellate court that suit is not
maintainable is justified under the facts and circumstances of the case where
easementary rights have been claimed by the plaintiffs and others to use the
public passage.
Let counter affidavit be filed within six weeks. Rejoinder affidavit may be
filed within a week thereafter.
Till further order of this court, status quo shall be maintained between the
parties.
Order Date :- 8.1.2010
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