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2013 Supreme(All) 3182

S.S.CHAUHAN
Ram Kewal – Appellant
Versus
State of U. P. – Respondent


JUDGMENT

S.S. Chauhan, J.

Heard learned counsel for the petitioners and learned counsel for the opposite parties.

2. This petition has been filed challenging the order dated 23.9.2010 passed in Misc. Civil Appeal No.62 of 2003 and a further prayer has been made for prohibiting Civil Judge, Junior Division, (Haveli), Faizabad not to proceed with the trial of Regular Suit No.33 of 1983.

3. The facts in short are that the land of Ram Pher, father of opposite party no.4, was purchased by petitioner no.1-Ram Kewal (minor) through his father-petitioner no.2 as a natural guardian by impersonation vide sale deed dated 18.11.1982. As and when it came to the knowledge of Ram Pher that a fraudulent sale deed has been executed, he instituted a suit for cancellation of sale deed and for permanent injunction on 31.1.1983 alleging therein that he has never executed the sale deed nor he ever appeared before the Sub Registrar nor received any consideration. The said suit was registered as Suit No.33 of 1983. During pendency of the suit, the petitioners filed a forged compromise dated 1.8.1983. In the said compromise a forged statement of Ram Pher was recorded on 19.8.1983 by impersonating someone els






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