HAMEEDULLAH KHAN Vs. DISTRICT JUDGE GORAKHPUR

JUDGEMENT

(1.) THIS writ petition, at the request of petitioner was to be put alongwith the record of Second Appeal no. 497 of 1989 ; Smt. Mahmooda Begaum v. Hamidullah Khan.

(2.) THE petitioner is no other: than the defendant/oppositse party in the second appeal, aforesaid. He is Hamidullah Khan. His grounds of objection in the writ petition are. (I) Because the application for preparation of final decree during the pendency of the second appeal no. 497 of 1989 pending in this Hon'ble High Court, is misconceived and not maintainable. (II) Because a stranger to the perliminary decree has no locus standi to move for preparation of final decree on the basis of a collusive separate decree. (III) Because the final decree if prepared cannot be executed as extraneous matter to the suit has been included in the application for the preparation of final decree. (IV) Because the two courts below have acted arbitrarily and have passed illegal orders. (V) Because the oral gift alleged to have been made in favour of respondent no. 3 by the respondent no. 4 is void ab initio for want of legal requirements under the Mohammadden Law.