HIGH COURT OF UTTARAKHAND
Hon'ble Mr. Justice Sharad Kumar Sharma
MOHD ZAFAR – Appellant
Versus
MOHD SAMIULLAH ANSARI – Respondent
SL.
No
Date
Office Notes, reports,
orders or proceedings
or directions and
Registrar’s order with
Signatures
COURT’S OR JUDGES’S ORDERS
WPMS No.2890 of 2021
Hon’ble Sharad Kumar Sharma, J.
Mr. Aditya Pratap Singh, Advocate for the
petitioner.
Mr. Mohd. Safdar, Advocate for the
caveator/respondent.
The petitioner before this Court is a
defendant in Suit No.101 of 2015 Mohd. Samiullah
Ansari vs. Mohd. Zafar and others. In the suit in
question the plaintiff/respondent herein has sought
a degree in relation to the property as described at
the foot of the plaint, as to be lying in Khasra
No.663 Kha. The suit accompanied with it and
application under Order 39 Rule 1 & 2 of C.P.C. as
well as the plaint map where the property was
described by figure a A,B,C, D showing it to be the
part and parcel of the land lying in Khasra No.663
Kha
The application filed under Order 39 Rule 1
& 2, by the plaintiff/respondent was opposed by the
defendant/petitioner by filing an objection under
order 39 Rule 4 of the C.P.C. and if the objection
under Order 39 Rule 4 of C.P.C. is taken into
consideration primarily, the fact as pleaded in para
6 of object
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