Sham Lal vs Dharam Pal
2023 Latest Caselaw 1073 j&K

                                                                         Sr.No. 36


                HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                              AT JAMMU

                                                     RSA No. 10/2022
                                                     CM Nos. 4931 & 6619 of 2022
                                                     CAV No. 960/2022

Sham Lal                                                .... Appellant(s)/ Petitioner(s)

                    Through :- Mr. Nirmal Kotwal, Advocate

        V/s

Dharam Pal                                                           ....Respondent(s)
                    Through :- Mr. Sunny Mahajan, Advocate
Coram: HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
                            ORDER

24.05.2023

RSA 10/2022

Heard learned counsel for the appellant and respondent.

The following substantial question of law arises for consideration and

determination of the instant Civil 2nd Appeal:-

1. "Whether the Appellate court grossly erred by not allowing the appellant

herein to lead additional evidence on the question of extinguishment of

ground of personal necessity qua the shop in question owing to becoming

available of another shop belonging to the plaintiff/respondent herein

during the pendency of the appeal?

2. Whether the Appellate court misdirected itself in respect of the ground of

genuine need pressed into service by the plaintiff/respondent herein in

the suit qua the shop in question while reversing the judgment and decree

of the trial court, perverse to the evidence on record?

Admit.

Post admission notice waived by Mr. Sunny Mahajan, Advocate on

behalf of the respondent.

CM No. 4931/2022

List on 08.08.2023.

Meanwhile, Registry to send for the record of the Trial as well as

Appellate court.

CM 4931/2022

For the reasons set out in the application, coupled with the submissions

made by learned counsel for the applicant, application is allowed and is

accordingly, disposed of, with a direction to the parties to maintain status quo

with respect to the suit shop.

(Javed Iqbal Wani) Judge

Jammu:

24.05.2023 Manan