DARSHAN Vs. GRAM SABHA CHADAI TAPPA HARIBANSPUR AND 2 OTHERS
LAWS(ALL)-2015-1-249
HIGH COURT OF ALLAHABAD
Decided on January 12,2015

DARSHAN Appellant
VERSUS
Gram Sabha Chadai Tappa Haribanspur And 2 Others Respondents

JUDGEMENT

Sudhir Agarwal, J. - (1.) The delay in filing this appeal having been condoned vide order of date passed on Delay Condonation Application, let the appeal be registered with regular number and the old number shall also continue to be shown in bracket for finding out details of case, whenever required by parties with reference to either of the two number.
(2.) As requested by learned counsel for appellant, I proceed to hear the appeal under Order 41 Rule 11 C.P.C. today itself.
(3.) This is plaintiff's second appeal under Section 100 C.P.C. He instituted Original Suit No. 1131 of 2004 seeking permanent injunction in respect to property in dispute. The Trial Court formulated following eight issues: ...[VERNACULAR TEXT OMITTED]... English Translation by the Court: "1. Whether the plaintiff is owner having possession over the disputed land and the articles therein 2. Whether the claim of the plaintiff is barred by Section 331 of the Zamindari Abolition Act 3. Whether the jurisdiction to hear the suit lies with the civil court 4. Whether the claim of the plaintiff is barred by Section 49 of the Consolidation Act 5. Whether the claim is barred by Section 80 of the CPC 6. Whether the claim of the plaintiff is barred by Section 106 of the Panchayat Raj Act 7. Whether the claim is under valued and the court fee paid is insufficient 8. Other relief -;


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