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2021 Supreme(P&H) 1603

ANIL KSHETARPAL
Kailasho Devi – Appellant
Versus
Satish Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Amit Jain, Varun Parkash.
For the Respondent: C.B. Goel.

JUDGMENT :

ANIL KSHETARPAL, J.

1. The hearing of the case was held through video conferencing on account of restricted functioning of the Courts.

2. By this judgment RSA No. 2846 (filed by defendant No. 1 and 2) and 3055 of 2013 (filed by defendant No. 3 and 4) arising from a common judgment passed by the trial Court as well as First Appellate Court shall be disposed of. The counsel representing the parties are ad idem that both these appeals can conveniently be disposed of by a common judgment. The regular second appeals in the states of Punjab, Haryana and Chandigarh are regulated by Section 41 of the Punjab Courts Act, 1918, and not by Section 100 CPC as held in Pankajakshi vs. Chandrika, (2016) 6 SCC 157.

3. While admitting RSA-2846-2013, on 04.07.2017, the Court noted that the following substantial question of law proposed by the learned counsel representing the appellant:

    (i) Whether in the facts and circumstances of the case the appellants, who have been proved to be bona-fide purchasers for consideration were entitled to protection under Section 41 of Transfer of Property Act?

(ii) Whether in the facts and circumstances of the case the plaintiff/respondent having received notice

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