There is 11-days' delay in filing the appeal. This is an application for condoning the delay in filing the appeal. The delay has been satisfactorily explained. The application is allowed.
Let the appeal be restored to its original number.
Order Date :- 13.11.2014 SKS Court No. - 34 Case :- SECOND APPEAL DEFECTIVE No. - 197 of 2007 Appellant :- Deceased Bhagolu And Others Respondent :- Aamir Counsel for Appellant :- S.N.Mishra,B.N. Mishra,Neeraj Tripathi Counsel for Respondent :- Rajesh Kumar Chitragupt Hon'ble Sudhir Agarwal,J.
Heard.
The following substantial questions of law need to be adjudicated by this court.
(1). Where the real dispute being only regarding location of disputed land, the lower appellate court has ignored evidence and findings recorded by the trial court, without any discussion and has passed order of reversal without reversing the finding of trial court.
(2). Whether the mutual partition between predecessors in title of plaintiff-appellants and defendant-respondent having been admitted hence was not required proved yet the lower appellate courts has held finding otherwise which is illegal.
Admit.
Respondents are represented through counsel, hence no fresh notice need be issued. Call for the record of the court below.
Order Date :- 13.11.2014 SKS