SECOND APPEAL No. 45 of 2026 at Lucknow

Reserved on: 10.04.2026 Delivered on : 28.04.2026 HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SECOND APPEAL No. - 45 of 2026 Rahul Srivastava and another …..Appellant(s) Versus Sandeep Kumar Srivastava …..Respondent(s) Counsel for Appellant(s) : Rama Kant Dixit, Amit Kumar Dixit, Samarth Saxena Counsel for Respondent(s) : Syed Azizul Hasan Rizvi Court No. - 20 HON'BLE PRASHANT KUMAR, J. 1. Heard Shri Samarth Saxena, learned counsel for the appellants as well as Shri Syed Azizul Hasan Rizvi, learned counsel for the respondent and perused the record. 2. The instant second appeal under section 100 of Code of Civil Procedure, 1908 has been preferred against the judgment and order dated 12.12.2025 passed by the Additional District and Sessions Judge/ Special Judge, P.C. Act, Court No.5, Lucknow (hereinafter referred as 'Appellate Court' ) in Regular Civil Appeal No.61 of 2025 (Rahul Srivastava and another v. Sandeep Kumar Srivastava) and also ex parte judgement dated 07.03.2025 and decree dated 07.04.2025 passed 2 SAPL No. - 45 of 2026 by the Additional Civil Judge (S.D.), Court No.41, Lucknow (hereinafter referred as 'Court below') in Civil Suit No.2213 of 2024 (Sandeep Kumar Srivast