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2018 Supreme(P&H) 4505

RAJ MOHAN SINGH
Hari Kishan – Appellant
Versus
Rati Ram – Respondent


Advocates Appeared:
Mr. Vinod S. Bhardwaj, Advocate, for the Appellant; Mr. Ram Avtar Sheoran, Advocate, for the Cross-Objectors

JUDGMENT

Raj Mohan Singh, J. - Vide this order, I intend to dispose of RSA No.2892 of 2014 along with cross objections No.12-C of 2018.

2. Appeal was once decided by the Co-ordinate Bench on 27.05.2014 by not condoning the delay of 531 days in filing the appeal. Against the said order, appellants preferred Civil Appeal No.579 of 2016 arising out of SLP (C) No.36352 of 2014 titled Ram Kumar and others vs. Rati Ram and others in the Hon'ble Supreme Court. Vide order dated 16.01.2017, the Hon'ble Apex Court allowed the appeal, thereby setting aside the order dated 27.05.2014 passed by the High Court and remanded the case to the High Court subject to payment of costs of Rs. 75,000/- to be paid by the appellants. The said amount was to be disbursed to the respondents on proper identification. The appeal was ordered to be heard on merits.

3. Plaintiffs/respondents filed a suit for declaration, challenging the Civil Court decree dated 08.01.1991 passed in Civil Suit No.918 of 1991 titled Hari Kishan and others vs. Bharat Singh and others. Plaintiffs claimed that the aforesaid decree was fraudulent, null and void. The transfer of ancestral property was effected by the father of plaintiffs N

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