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2019 Supreme(SC) 802

SANJAY KISHAN KAUL, INDIRA BANERJEE
Kirodi (Since Deceased) Through his Lr. – Appellant
Versus
Ram Parkash – Respondent


Advocates Appeared:
For the Petitioner(s):Rajesh Gupta, Rahul V. Singh, Bankey Bihari, Advocates

ORDER

1. Leave granted.

2. The sole contention advanced is that the regular second appeal has been decided without framing a question of law.

3. In order to support the aforesaid plea, learned counsel for the appellant(s) has relied upon the judgments in Civil Appeals No. 3276-3281 of 2019 titled as Chand Kaur(D) through Lrs. v. Mehar Kaur (D) through Lrs. and in Civil Appeal Nos. 9118-9119 of 2010 titled as Surat Singh (Dead) v. Siri Bhagwan, both emanating from the Punjab and Haryana High Court. He also relies upon two other judgments i.e Civil Appeal No. 4451 of 2009 titled as Shrikant v. Narayan Singh (d) through Lrs. and Civil Appeal No. 1117 of 2001 titled as Santosh Hazari v. Purushottam Tiwari (D) by Lrs, both emanating from the Madhya Pradesh High Court to canvass the aforesaid proposition.

4. On the last date of hearing, we had pointed out to learned counsel for the appellant(s) that insofar as Punjab and Haryana High Court is concerned, a different legal position will prevail in view of the Constitution Bench Judgment of this Court in Civil Appeal No. 201 of 2005 titled as Pankajakshi (Dead) through L.Rs. v. Chandrika, (2016) 6 SCC 157.

5. Unfortunately, in respect of both th




























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