PATI RAKHAN Vs. CHANDRANI DEVI
LAWS(ALL)-2021-2-18
HIGH COURT OF ALLAHABAD
Decided on February 03,2021

Pati Rakhan Appellant
VERSUS
Chandrani Devi Respondents




JUDGEMENT

Rajnish Kumar,J. - (1.)Heard, Shri Virendra Mishra, learned counsel for the appellants and Shri Paltoo Ram Gupta, learned counsel for the respondents.
(2.)The instant Second Appeal has been filed against the judgment and decree dated 07.12.2016 passed by the Additional District Judge, Court no.9, Sitapur in Misc. Civil Case No.08 of 2014; Pati Rakhan Versus Smt. Chandrani by means of which the application for condonation of delay in filing appeal has been rejected and the judgment and decree dated 18.07.1987 passed by the learned Additional Civil Judge, Sitapur in R.S.No.40 of 1983;Smt.Chandrani Devi Versus Raj Rani and others.
(3.)The brief facts of the case for adjudication of the present Second Appeal, as borne out from the pleadings, are that one Brij Mohan had only two daughters, namely, Raj Rani wife of Anirudh Prasad and Ram Lali wife of Swami Dayal @ Dhondhey. Both the daughters had half share each in the property of Brij Mohan after his death. The respondent has claimed half of the property on the basis of sale deed executed on 18.04.1978 by Raj Rani. Rajeshwari @ Raj Rani had filed a suit for cancellation of the said sale deed vide R.S.No.229 of 1978. The Suit was decreed ex parte on 26.03.1980. The respondent had filed an application under Order 9 Rule 13 of the Civil Procedure Code, which was rejected on 02.12.1981. Thereafter the Misc. Appeal filed by the respondent was also dismissed on 20.01.1983. Consequently the respondent had filed Regular Suit No.40 of 1983 for cancellation of ex-parte decree dated 26.03.1980 and permanent injunction. The injunction was sought for whole of the property of late Brij Mohan on the ground that one of his daughter Raj Rani had executed a sale deed of the half portion and in regard to the remaining half portion the second daughter Ram Lali had executed a Will deed in favour of the respondent. The suit was decreed by means of judgment and decree dated 18.07.1987. The appellants filed a First Appeal on 22.01.2014 alongwith an application for condonation of delay vide Misc. Case No.8 of 2014 as injunction of the whole property was sought and granted on the ground that the injunction of property of Ram Lali has been obtained fraudulently without impleading the appellants and no Will was executed by late Ram Lali. After inviting objections and hearing the application for condonation of delay has been rejected. Consequently the appeal stands dismissed. Hence the instant Second Appeal has been filed.


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