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2004 Supreme(Online)(All) 7

ALLAHABAD HIGH COURT
, J
Kedar Ram v. Additional District Judge II Ballia and Others


Advocates:
For the Appellants/Petitioners: Sri V. K. S. Chaudhary
For the Respondents: Sri L. P. Singh

1. Heard Sri V. K. S. Chaudhary, learned Senior Advocate appearing for the petitioner and Sri L. P. Singh, the learned counsel appearing for the respondent Nos. 3 to 6.

2. By this writ petition the petitioner has prayed for quashing the order dated 18-12-1990 passed by the II Additional District Judge, Ballia in Miscellaneous Appeal No. 252 of 1988 and the order dated 24-12-1985 passed by the Munsif, Ballia on Miscellaneous Application filed in Execution case o. 58 of 1967.

3. Facts in brief which emerge from the pleadings of the parties are;--
Original suit No. 481 of 1953 was filed by Baldeo against Puranwasi Ram for possession of Khandahar situated in Mohalla Gorayasthan Rasra Town, Pargana Lakhne - shwar, District Ballia. The suit was decreed by the learned Munsif vide its judgment dated 11-12-1954. Baldeo died leaving behind his two sons Gauri Shanker and Vishwa Nath as his heirs. Gauri Shanker and Vishwa Nath sold the said Khandahar in favour of Durbal Ram by sale deed dated 30-4-1958. Against the judgment and decree dated 11-12-1954 an appeal was filed by Puranwasi Ram which was dismissed by the District Judge, Ballia on 25-8-1958. Second Appeal against the judgment and decree
























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