Sibghat Ullah Khan, J. - (1.) HEARD learned counsel for the appellants at the admission stage.
(2.) SECOND Appeal No.943 of 2011 has been filed by the plaintiffs and arises out of O.S. No.617 of 1995 filed for cancellation of sale deed dated 10.11.1995 executed by Ravendra Singh, defendant No.1 of the suit in favour of Gajraj and three others, defendants No.2 to 5 in the said suit. The suit was dismissed on 12.04.2005 by Civil Judge, Junior Division, Shahjahanpur. Against the said decree, Civil Appeal No.36 of 2005 was filed which was dismissed on 03.08.2011 by A.D.J. Court No.6, Shahjahanpur. Against the said decree Second Appeal No.943 of 2011 has been filed. As far as Second Appeal No.944 is concerned, it arises out of O.S. No.447 of 1993 filed by the same plaintiffs against the same defendants, Ravendra Singh and four others for specific performance of an agreement for sale alleged to have been executed on 06.04.1976 (unregistered) in respect of agricultural land in dispute for Rs.12,000/ -after receiving Rs.10,000/ -as earnest money. The suit was dismissed on 12.04.2005 by Civil Judge, Junior Division, Shahjahanpur. Against the said decree, plaintiff (since deceased and survived by legal representatives) filed Civil Appeal No.35 of 2005, which was dismissed on 03.08.2011 by A.D.J. Court No.6, Shahjahanpur. Against the said decree, Second Appeal No.94 of 2011 has been filed.
(3.) THE suit for cancellation of sale deed was filed on the ground that suit for specific performance was pending. Accordingly, Second Appeal No.944 of 2011 which arises out of suit for specific performance requires to be decided first.;