Ashok Kumar And Others vs Bhartiya Jeevan Beema Nigam Mandal … on 3 July, 2025

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Background of the Appeals

1. First Appeal No. 45 of 2007 has been filed by the appellants–Defendants No. 6, 7, and 8–while First Appeal No. 71 of 2007 has been preferred by the appellant-Life Insurance Corporation of India (LIC). Both appeals challenge the judgment and decree dated November 21, 2006, passed by the learned Additional District Judge, Court No. 11, Aligarh, in Suit No. 1210 of 2004. By this judgment, the trial court partly decreed the suit in favor of the plaintiff-LIC, declaring the sale deed dated September 23, 2000, executed in favor of Defendants No. 6 to 8, void and ineffective to the extent of 550 square yards.

2. First Appeal No. 70 of 2007 was filed by the plaintiff-appellant LIC under Section 96 of the Code of Civil Procedure, 1908. This appeal challenges the judgment and decree dated November 21, 2006, passed in Original Suit No. 1211 of 2004, in which LIC sought a decree declaring the sale deed dated September 23, 2000, void with respect to Plot Nos. 12, 13, 14, and 15, each having an area of 450 square yards, carved out of Khasra No. 37 & 38. The plaintiff seeks a reversal of the judgment insofar as it dismissed its claim for permanent injunction and prays that the suit be decreed in its entirety with costs. Separately, Defendants No. 1 to 5 (including heirs) have filed Cross-Objection No. 128636 of 2007, challenging the trial court’s findings on Issues No. 1, 2, 3, 6, and 8.

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