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2017 Supreme(All) 1213

SUDHIR AGARWAL, RAVINDRA NATH MISHRA II
LUCKNOW DEVELOPMENT AUTHORITY – Appellant
Versus
YASHRAJ SINGH – Respondent


Advocates:
Counsel :
Gaurav Mehrotra, O.P. Srivastava, S.C. and Shobhit Mohan Shukla for the Appellant; Dr. R.K. Singh, Arvind Rajdan and Sudeep Seth for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Both these appeals under Section 96 of Code of Civil Procedure (hereinafter referred to as “C.P.C.”) have been filed against common judgment and decree dated 12th April, 2013 passed by Additional Civil Judge (Senior Division) Court No. 21, Lucknow in Regular Suit No. 687/12, Yashraj Singh v. State of U.P. and two others.

2. For the purpose of pleadings and reference of documents, we are relying on record of First Appeal No. 153 of 2013 (hereinafter referred to as “LDA’s Appeal”) and wherever there is any difference, pleadings and reference of documents of Appeal No. 154 of 2013 (hereinafter referred to as “State’s Appeal”) will be referred.

3. Facts, giving rise to above appeals, are briefly stated as under:

4. Yashraj Singh, son of Yashpal Singh-plaintiff-1, (hereinafter referred to as “plaintiff”) in LDA’s Appeal instituted Original Suit No. 687 of 2012 in the Court of Civil Judge, Senior Division, Lucknow vide plaint dated 24th May, 2012. Relief sought in aforesaid Suit is a perpetual injunction restraining defendant-1, i.e. State of U.P., through Special Nazul Officer, Lucknow, and defendant-2, i.e., Lucknow Development Authority through its V

































































































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