Uda vs Subrati Khan and Others

Dr. Vineet Kothari, J.—Heard the learned counsel for the parties and perused the record of the case. The following substantial questions of law are framed for consideration by this Court.

"1. Whether the learned lower appellate Court proceeded to affirmed the judgment and decree passed by the learned trial Court on irrelevant considerations and while ignoring the relevant material available on record and thereby appreciating the evidence in a perverse manner and contrary to law?

Whether the learned trial Court was right in proceeding ex-parte against the appellant and similarly the learned lower appellate Court has committed illegality while not considering the submissions made in this behalf?

Whether the learned Courts below have committed grave illegality while relying upon the document namely the sale deed which is not only unregistered but also unstamped?

Whether the alleged document namely sale deed is a genuine document as the plaintiffs have failed to prove the same by way of cogent evidence oral as well as documentary?

Admit. Fresh notice need not be issued as the contesting respondents are represented through their counsel Mr. N.K. Rastogi.

Heard on the prayer for interim relief.

Having regard to the facts and circumstances of the case, status-quo in relation to possession over the land in dispute shall be maintained by the parties during the pendency of this second appeal. List the matter for hearing in due course.