BINOD KUMAR Vs. SUDAMA PANDEY AND ORS.

JUDGEMENT

(1.) HEARD Sri Abhishek Rai holding brief of Sri Chandan Sharma, learned Counsel for the Defendant -Appellant and Sri P.K. Jain, learned senior counsel assisted by Sri Virendra Chaubey who has appeared on behalf of the Plaintiff -Respondents.

(2.) THIS is a First Appeal From Order under Order XLIII Rule 1(t) of the Code of Civil Procedure against the order dated 29.04.2009 passed in Misc. Case No. 149 of 2006 (Binod Kumar Chaubey v. Sudama Chaubey and Ors.) by II Additional District Judge, Ballia whereby the application filed by the Defendant -Appellant under Order XLI Rule 21 of the Code of Civil Procedure for re -hearing of the appeal has been rejected.

(3.) SRI P.K. Jain, learned senior counsel has submitted that the judgment and decree in Civil Appeal No. 51 of 2005 whereby the sale deed was cancelled was taken up in Appeal No. 889 of 2006 by Markandey one of the purchasers along with the Appellant which was dismissed on 11.10.2006 whereagainst he preferred Special Leave Petition in Supreme Court which was also dismissed on 19.03.2007.