Uttarakhand High Court

SA/174/2013 of Mohd. Maksood Vs State Of Uttarakhand AND ANOTHER on 30 December 2013

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of 2013 Hon’ble Sudhanshu Dhulia, J. Mr. Sarvesh Agarwal, Advocate, present for the appellant. Mr. Rajesh Sharma, Brief Holder, present for the State of Uttarakhand. The appellant/plaintiff has filed a suit for declaration against the defendant which was dismissed by the learned Civil Judge

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SA No. 174 of 2013Hon’ble Sudhanshu Dhulia, J.

Mr. Sarvesh Agarwal, Advocate, present for the appellant.

Mr. Rajesh Sharma, Brief Holder, present for the State of Uttarakhand.

The appellant/plaintiff has filed a suit for declaration against the defendant which was dismissed by the learned Civil Judge (J.D.), Kashipur, District Udham Singh Nagar vide order dated 01.08.2012. The appeal was also preferred against the said order, which was also dismissed.

Primarily the reason for dismissal was that earlier the appelland/plaintiff had filed a suit for prohibitory injunction regarding the same property and, therefore, it was barred by res judicata and in any case by a constructive res judicata.

From the perusal of the records of the trial court as well as judgment passed by the appellate court, no question of law, much less any substantial question of law for consideration of this Court arises in the present second appeal. Hence the appeal is dismissed in-limine.

(Sudhanshu Dhulia, J.) 30.12.2013

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