Court No.

- 7

Case :- SECOND APPEAL No. - 717 of 2023

Appellant :- Anil Kumar and others

Respondent :- Shabbir Ahmed and others
Counsel for Appellant :- Nitin Kumar Agrawal
Counsel for Respondent :- Sunil Kumar Dubey,Pradeep Kumar

Hon'ble J.J. Munir,J.

(Order on the memo of Appeal)

Heard Mr. Nitin Kumar Agrawal, learned Counsel for the appellants in support of
the motion under Order XLI Rule 11 of the Code of Civil Procedure, 1908.

The following substantial question of law arises for consideration in this appeal :

Whether in the case of a dispute that the suit property is situate

in one survey plot number or the other, in this case, Plot No. 1299
according to the plaintiff and Plot No. 1390/2 according to the
defendant, it is imperative for the Court to issue a Survey
Commission or adopt the Total Station Method?

Admit.

Notice on behalf of respondent No. 6 is accepted by Mr. Pradeep Kumar, learned

Counsel. He prays for and is granted three weeks' time to file a counter affidavit.

Issue notice to respondent Nos. 1, 2, 3, 4, 5, 7/1 and 7/2.

Notice is made returnable on 06.02.2024.

Steps to serve the said respondents shall be taken both ways, within a week.

Summon the Lower Court records at once.

The District Judge, Amroha is ordered to ensure that the Lower Court records (not
photostat copies) are made available to this Court positively by the date scheduled.

Adjourned to 06.02.2024.
 To be taken up in the additional cause list for orders, along with a report regarding
service and the postal track attached. The office shall also put in a report regarding
status of pleadings. On the said date, the Lower Court records shall be annexed to
the motion papers.

The District Judge, Amroha shall also ensure that the report of the process serving
agency is made available to this Court by the date scheduled.

(Order on Civil Misc. (Stay) Application No. 1 of 2023)

Issue notice.

Until further orders of this Court, both parties shall maintain status quo, as exists
today, regarding possession, nature and character of the suit property and none of
the parties shall raise constructions or assign the property in favour of any third
party.

Let the appellants take steps separately under Order XXXIX Rule 3 of the Code of
Civil Procedure, 1908.

The Registrar (Compliance) is directed to communicate this order to the learned

District Judge, Amroha within 24 hours next.

Order Date :- 9.1.2024

I. Batabyal

Digitally signed by :-
ISHAN BATABYAL
High Court of Judicature at Allahabad