Memorandum Of Appeal (under Section 96, Cpc)
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MEMORANDUM OF APPEAL (Under Section 96, CPC) IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 923 OF 2020 Mihir Hamid, S/o. Iqbal Hamid aged 67 years, R/O House No. 39, Muir Road, Allahabad.
…..(Appellant) Versus
Shoaib Malik, S/o. Hafiz Malik, aged 45 years, R/O House No. 77, Zero Road, Allahabad.
…..(Respondent)
(Appeal against the judgement and decree passed by Justice. Mukherjee, P, Civil Judge, Senior Division, Allahabad on 01-09-2020)In Suit No. 348 of 2013
The Hon’ble Chief Justice. And Companion or and other respected Judges of High Court. The Appellant, most respectfully, humbly, request that: 1. That the respondent has filed the Suit No. 348 of 2013 in the Court of Civil Judge, Senior Division, Allahabad against the appellant for the recovery of Rs.80 thousand which sum the appellant allegedly owed to the respondent against a sale of immovable property by a sale-deed executed by the appellant in favor of the respondent. 2. The learned Judge heard the said suit and passed a decree of ₹ 1 lakh against the appellant on 01.08.2020. 1
3. The appellant being aggrieved by the said decree and judgment prefers this appeal on the following amongst other grounds: (i).That the learned Judge erred in holding that the sale-deed was legally valid. (ii).That the sale-deed was invalid and hence not enforceable against the appellant. (iii).That no property was passed from the respondent to the appellant under the sale-deed. (iv).That the handwriting expert was not called in spite of the repeated requests from the appellant. (v).That the decision of the trial Court is against justice, equity and good conscience and hence not sustainable. 4. The appellant has not filed any other appeal prior to this in the Hon’ble Court.
It is, therefore, humbly plaid that this honorable court may be pleased to allow the appeal and set aside the decree and the judgement of the Court of Civil Judge, Senior Division, Allahabad, 1st of August, 2020 in suit no348 of 2013. Any other order which may be deemed fit in the interest of justice, may be in past in favoure of appellant. Place: Allahabad. Date: 22 August, 2020
__________________ Appellant ___________________ Counsel
2
…..(Appellant) Versus
Shoaib Malik, S/o. Hafiz Malik, aged 45 years, R/O House No. 77, Zero Road, Allahabad.
…..(Respondent)
(Appeal against the judgement and decree passed by Justice. Mukherjee, P, Civil Judge, Senior Division, Allahabad on 01-09-2020)In Suit No. 348 of 2013
The Hon’ble Chief Justice. And Companion or and other respected Judges of High Court. The Appellant, most respectfully, humbly, request that: 1. That the respondent has filed the Suit No. 348 of 2013 in the Court of Civil Judge, Senior Division, Allahabad against the appellant for the recovery of Rs.80 thousand which sum the appellant allegedly owed to the respondent against a sale of immovable property by a sale-deed executed by the appellant in favor of the respondent. 2. The learned Judge heard the said suit and passed a decree of ₹ 1 lakh against the appellant on 01.08.2020. 1
3. The appellant being aggrieved by the said decree and judgment prefers this appeal on the following amongst other grounds: (i).That the learned Judge erred in holding that the sale-deed was legally valid. (ii).That the sale-deed was invalid and hence not enforceable against the appellant. (iii).That no property was passed from the respondent to the appellant under the sale-deed. (iv).That the handwriting expert was not called in spite of the repeated requests from the appellant. (v).That the decision of the trial Court is against justice, equity and good conscience and hence not sustainable. 4. The appellant has not filed any other appeal prior to this in the Hon’ble Court.
It is, therefore, humbly plaid that this honorable court may be pleased to allow the appeal and set aside the decree and the judgement of the Court of Civil Judge, Senior Division, Allahabad, 1st of August, 2020 in suit no348 of 2013. Any other order which may be deemed fit in the interest of justice, may be in past in favoure of appellant. Place: Allahabad. Date: 22 August, 2020
__________________ Appellant ___________________ Counsel
2
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