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2012 Supreme(All) 609

S.U.KHAN
U. P. AVAS EVAM VIKAS PARISHAD, LKO. – Appellant
Versus
LAJJA RAM – Respondent


Advocates Appeared:
K.P. Upadhyaya, R.K. Jain, R.P. Singh, Suneet Kumar, U.N. Sharma, Vivek Saran and R.N. Singh for the Petitioners; Rajiv Mishra, Ajit Kumar, Ashutosh Srivastava, Awadhesh Srivastava, Madhu Tandon, Manu Saxena, Menu Saxena, P.K. Sinha, Prem Chandra, Sanjay Kumar Dubey, M.D. Singh Shekhar and J.P. Pandey for the Respondent.

JUDGMENT

Hon’ble S.U. Khan, J.—Heard learned counsel for the parties.

2. These Second Appeals have been filed by same set of defendants i.e. U.P. Avas Evam Vikas Parishad and its Estate Management Officer in two suits. Plaintiff in each suit was different. Second Appeal No. 1444 of 2000 arises out of O.S. No. 418 of 1997 filed by Lajja Ram. Second Appeal No. 1445 of 2000 arises out of O.S. No. 415 of 1997 which was filed by Mahaveer Prasad. Both the suits were decreed on 2.5.1997 by Civil Judge (S.D.) Ghaziabad. Against the said decrees defendants appellants filed Civil appeal No. 105 of 1997 and 106 of 1997 which were dismissed by 2nd A.D.J. Ghaziabad through judgment and decree dated 13.9.2000 hence these second appeals.

3. These Second appeals were dismissed on 18.4.2003. Thereafter review petitions were filed which were also dismissed on 13.9.2007. Thereafter modification applications were filed which were also dismissed on 5.11.2007. Thereafter defendants appellants carried the matter to the Supreme Court where it was ultimately registered as Civil Appeal No. 1184 and 1281 of 2008. Supreme Court set aside the orders dismissing the Second Appeals and the applications and directe




















































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