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2019 Supreme(SC) 410

A.M.SAPRE, DINESH MAHESHWARI
Kushuma Devi – Appellant
Versus
Sheopati Devi – Respondent


Advocates Appeared:
For the Appellant :Ms.Asha Gopalan Nair, Advocate
Mr. Jetendra Singh, Advocate, Mr. Vijendra Kumar Kaushik, Advocate, Ms. Kalpana, Advocate, For the Respondent:Ms. Priyanka Singh, Advocate, Ms. Manju Jetley, Advocate

JUDGMENT

Abhay Manohar Sapre, J.

1. Leave granted.

2. These appeals are filed against the final judgment and order dated 27.07.2012 in CMWP No. 3231 of 2002 and order dated 16.01.2013 in CMRA No.247546 of 2013 passed by the High Court of Judicature at Allahabad.

3. A few facts need mention hereinbelow for the disposal of these appeals which involve a short point.

4. The appellant filed an eviction petition against the respondents being Misc. Case No. 18/1990. By order dated 19.04.1996, the Civil Judge decreed the suit and passed the decree for eviction against the respondents. The respondents felt aggrieved and filed Rent Appeal No. 4/1996 in the Court of A.D.J., Court No.8, Fatehpur. The first Appellate Court by order dated 04.12.2001 allowed the appeal and dismissed the eviction petition filed by the appellant. The appellant felt aggrieved and filed a writ petition in the High Court at Allahabad. By impugned order dated 27.07.2012, the High Court dismissed the writ petition and affirmed the order dated 04.12.2001 passed by the Additional District Judge, Court No.8, Fatehpur in the absence of the appellant. The appellant filed an application for recall of the order dated 27.07.2012.










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