✦ Allahabad High Court · 09 Jul 2025

Smt Madhubala v. Smt Kamlesh & Anr.

SECOND APPEAL No. 592 of 2025CHANDRA KUMAR RAI

Case at a glance

Provisions considered

Judgment

1.

Heard Sri Pankaj Sharma, learned counsel for plaintiff appellant.

2.

Admit on the following substantial question of law:- A. Whether, while passing the impugned orders dated 27.09.2017 the learned trial Court not properly followed the provisions of order XIV of Code of Civil Procedure of 1908 and not framed any issue on the basis of plaint and evidence which are available on record? B. Whether, while dismissing the suit of the plaintiff by the learned trial Court vide order dated 27.09.2017 procedure of order XIV Rule 3 of Civil Procedure Code has been followed? C. Whether, the sale deed dated 08.09.2005 was executed by the respondent no. 1 in favour of respondent no. 2 without any authority?

3.

Issue notice to defendant respondent nos. 1 and 2 returnable at an early date.

4.

Summon the record of trial Court and First Appellate Court. Order on Stay Application

1. Issue notice to defendant respondent nos. 1 and 2 returnable at an early date.

2. Considering the facts and circumstances of the case that no issues were framed by the trial Court while deciding the suit, the case for grant of interim relief is made out.

3. Until further orders of this Court, no third party interests shall be created by parties to the dispute in respect to property in question.

4. List this appeal on 06.11.2025. Order Date :- 9.7.2025 Neetu

Questions this judgment answers

Which statutory provisions did this judgment involve?

Code of Civil Procedure, 1908.

Which court decided this case, and when?

Allahabad High Court, on 09 Jul 2025. The bench was CHANDRA KUMAR RAI.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Allahabad High Court or eCourts case status (search case no. SECOND APPEAL No. 592 of 2025). ← Search more judgments