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2014 Supreme(All) 351

ANIL KUMAR
Bhavya Dwellings Pvt. Ltd. , Lucknow – Appellant
Versus
Gopal Narain Chaubey and others – Respondent


Advocates:
For the Revisionist: Brijesh Kumar Saxena and A.P. Singh.
For the Opposite Parties: Sharad Kumar, A.P. Singh Garu, Mohd. Adil Khan, Prashant Singh Atal, Prashant Singh Gaur, Subhash Vidyarthi and Tarun Prakash Srivastava.

Anil Kumar, J. –

Head Sri Birjesh Kumar Saxena, learned Counsel for revisionist, Sri Prashant Singh Atal, learned Counsel appearing on behalf of O.P. No. 1 as well as Sri Subhash Vidyarthi, learned Counsel appearing on behalf of O.P. No. 2 and perused the record.

2. By means of the present revision under section 151, C.P.C., the revisionist has challenged the order dated 16.1.2007 passed in Regular Suit No. 94 of 1998 (Gopal Narain Chaube and others v. Krishna Narain Chaube and others) by Civil Judge (Sr. Div.), Malihabad, Lucknow rejecting the application of the revisionist under Order I, Rule 10 read with Order XXII, Rule 10, C.P.C.

3. Undisputed facts of the present case are that one Babu Laxmi Narain Chaube s/o Pt. Parmand Chaube was the original owner and landlord of plot No. 403/3 and building constructed thereon bearing Municipal No. 510/215 situated at New Hyderabad (Trans-Gomti), New Civil Lines, P.S. Hasanganj, (now P.S. Mahanagar), Lucknow (hereinafter referred to as the property in dispute) which is bounded as under:

East - House of Mr. B.N. Singh

West - Road

North- Balda

South- House of Dr. A.C. Chatterji

Sri Laxmi Narain Chaube died on 14.10.1952 leaving behind two sons, name

























































































































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