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2014 Supreme(All) 3599

RAJIV SHARMA, ZAKI ULLAH KHAN
Tej Kumari – Appellant
Versus
Pachcho – Respondent


Advocates Appeared:
For the Appellant :- Ravi Prakash

JUDGMENT

Rajiv Sharma and Zaki Ullah Khan, JJ

Heard Counsel for the appellants and perused the record.

2. The instant FAFO arises out of the judgment and order dated 11.2.2014 passed in Regular Suit No. 100 of 2011 : Smt. Pachcho Vs. Smt. Tej Kumari and others, by Additional Civil Judge (Senior Division), Court No.20, Lucknow, whereby the application of the plaintiff/respondent No.1 filed under Order XXXIX Rules 1 and 2 read with Section 151 CPC was allowed.

3. Shorn off unnecessary details the facts of the case are as under :

On 16.4.2006, the marriage of appellant No.1-Smt. Tej Kumari was solemnized with Sri Guddu, son of Nihali and out of their wedlock, one son, namely, Sri Prince was born.? Thereafter, Sri Guddu expired. Subsequently, respondent No.1-Smt. Pachcho filed a suit for declaration and permanent injunction against the appellants as well as respondent Nos. 2 and 3 along with an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure.? Notices were issued. In response therefore, the appellants appeared and filed their joint objection to the application of the plaintiff filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure. The Court below






















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