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2018 Supreme(All) 1241

PRATYUSH KUMAR
Sahab Deen – Appellant
Versus
Keshav Prasad – Respondent


Advocates Appeared:
Angrej Nath Shukla, Adv., Ram Dev Tiwari, Adv.

JUDGMENT & ORDER :

PRATYUSH KUMAR, J.

1. C. M. Appln. No.52818 of 2017

2. The instant application has been moved by plaintiff-appellant in Second Appeal No.187 of 2017 wherein Keshav Prasad, Suman Dixit, C.L. Dixit, Sarju and Devendra were arrayed as respondents. On 1st May, 2017, this Court while admitting second appeal, issued notices to respondents with the direction to maintain status-quo by both the parties. Further sake of clarity, the order in question is quoted here-in-below:-

"Heard learned counsel for the parties.

Regular Suit No. 64 of 1999 for cancellation of sale-deed dated 23.11.1998 was instituted before the trial court in the month of January, 1999. It is evident from the judgment rendered by the trial court that the suit proceedings against the defendants proceeded ex parte by order dated 18.10.2002. The trial court before rejecting the civil suit has evidently recorded the statement of the witnesses i.e. plaintiff, his wife and one of the marginal witnesses of the sale deed. The vendor Sahab Deen was kidnapped on 21.11.1998 where after a sale deed under duress was got executed by threatening him and this fact is also deposed by the marginal witness. It appears that a t





















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