Punjab-Haryana High Court
Raj Singh vs Kamlesh Devi And Others on 13 May, 2024
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
Neutral Citation No:=2024:PHHC:066429
SAO-9-2024(O&M)
141 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
SAO-9-2024(O&M)
Date of decision : 13.05.2024
Raj Singh Sangwan ...Appellant
Vs.
Kamlesh Devi and others ...Respondents
CORAM:- HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present: Mr. Sumit Sangwan, Advocate
for the appellant.
Mr. Sanjeev Kodan, Advocate and
Mr. Gaurav Dua, Advocate
for respondent No.1.
***
ANIL KSHETARPAL, J. (Oral)
1. On 19.03.2024, the following order was passed:-
"The learned counsel representing the appellant inter-alia contends that Smt. Kamlesh had purchased the suit property during the pendency of the suit. Therefore, she was governed by the rule of lispendens. He further submits that on the application of Smt. Kamlesh, she was impleaded as party and she led her evidence. Therefore, the First Appellate Court has erred in remanding the case back to the trial court without complying with the requirements of Order 41 Rule 23A CPC.
Notice of motion for 09.04.2024.
The petitioner shall have the liberty to serve the respondents through their counsel in the trial court.
Dasti only. To be listed in the urgent list."
2. Learned counsel representing the parties have been heard at 1 of 2 ::: Downloaded on - 15-05-2024 01:49:39 ::: Neutral Citation No:=2024:PHHC:066429 SAO-9-2024(O&M) length.
3. Learned counsel representing the respondent No.1, upon being confronted with a situation, submits that he has no objection if the First Appellate Court seeks report from the trial Court on the issues, which have been re-framed and thereafter, proceed to decide the appeal.
4. Keeping in view the aforesaid facts, the appeal is allowed. The impugned order passed by the First Appellate Court remitting the matter back is set aside.
5. The appeal is restored to its original number. It shall be open to the First Appellate Court to seek report on the issues, which have been re-framed, from the trial Court.
6. The parties through their counsel are directed to appear before the First Appellate Court on 30.05.2024.
(ANIL KSHETARPAL)
13.05.2024 JUDGE
neeraj
Whether speaking/reasoned : Yes No
Whether Reportable : Yes No
2 of 2
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