SECOND APPEAL No. 23 of 2025 at Lucknow

Neutral Citation No. - 2025:AHC-LKO:6274 AFR Court No. - 4 Case :- SECOND APPEAL No. - 23 of 2025 Appellant :- Girja Shankar And 3 Others Respondent :- Ram Sajeevan And 10 Others Counsel for Appellant :- Ved Prakash Shukla,Tarun Kumar Pandey Hon'ble Rajnish Kumar,J. 1. Heard, Shri Tarun Kumar Pandey, learned counsel for the appellants. 2. Learned counsel for the appellants, while assailing the judgment and decrees passed by the courts below, submits that in the suit for permanent injunction filed by the appellants, an order of interim injunction was passed restraining the respondents from interfering in the peaceful possession of the appellants. However during pendency of the suit a sale deed was executed by respondents of the property in dispute, therefore, by way of amendment the same was challenged in the suit, but neither any issue was framed in regard to the same nor finding was recorded. Being aggrieved, an appeal was filed. He further submits that the decree passed by the trial court was not before the appellate court, whereas an appeal can be filed against the decree under Section 96 of the Civil Procedure Code (here-in-after referred as CPC), therefore, the appeal could no