VINOD KUMAR JALAUN Vs. KAILASH JAISWAL

JUDGEMENT

(1.) Heard Sri Anil Tiwari, learned Senior Counsel for the defendant/Appellant, and Mr. Manish Goyal, learned Senior Counsel assisted by Mr. Nipun Singh, learned counsel for the plaintiff/Respondent at great at length.

(2.) This First Appeal under Sec. 96 of the Code of Civil Procedure has been filed by the appellant, Vinod Kumar Jalan (hereinafter "the defendant"), challenging the judgment and decree dtd. 7/3/2006 passed by the learned Civil Judge (Senior Division), Gorakhpur, in Original Suit No. 570 of 2004. By the impugned judgment, the trial court declared the sale deed dtd. 16/6/2003 to be ineffective and granted a permanent prohibitory injunction restraining the defendant from interfering with the plaintiff's possession over the disputed property.

(3.) During the course of final hearing of the present appeal, learned counsel for the defendant/appellant has filed one application under Order 41 Rule 27 of CPC seeking some additional documents to be brought on record, which according to the appellant were necessary for the adjudication of the present controversy, upon which the matter was adjourned by giving opportunity to plaintiff/respondent to file any affidavit, if required. On which learned counsel for the plaintiff/respondent submitted that he had already filed reply to one of the application filed under Order 41, Rule 27 of CPC and same may be read as reply to the said application.