Trikuta Viashnavi Dham Trust vs Utsav Choudhary And Ors
2024 Latest Caselaw 2007 j&K

Jammu & Kashmir High Court

Trikuta Viashnavi Dham Trust vs Utsav Choudhary And Ors on 4 October, 2024

Author: Moksha Khajuria Kazmi

Bench: Moksha Khajuria Kazmi

                                                                    Sr.No.01


               HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                            AT JAMMU.

                                                  RSA No. 23/2024
                                                  CAV No. 1673/2024

Trikuta Viashnavi Dham Trust                           ....Appellant(s)/ Petitioner(s)

                   Through :- Mr. Ajay Sharma, Advocate with
                              Mr. Pawan Saini, Advocate.


         V/s

Utsav Choudhary and Ors.                                          ....Respondent(s)


                   Through :- Mr. Vikram Sharma, Sr. Advocate with
                              Mr. Sachin Dev Singh, Advocate for R- 1 to 3.
 Coram: HON'BLE MRS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

                                   ORDER

04.10.2024.

Mr. Sachin Dev Singh, learned counsel has appeared on behalf of

Caveator.

Caveat stands discharged.

This Civil Second Appeal is directed against judgment dated 23.08.2024

passed by learned Principal District Judge, Jammu in file No. 34/2024 in case

titled "Utsav Choudhary & Ors. v. Makhan Lal through LR's and Anr."

whereby the judgment and decree passed by the Court of City Judge, Jammu

dated 10.02.2024 has been reversed.

Learned counsel for the appellants states that impugned order by virtue of

which the First Appellate Court has set aside judgment and decree dated

10.02.2024 passed by the Court of learned City Judge, Jammu and thereby

consequently allowed an application for substitution of legal representatives of

deceased defendant No.1, by restoring the suit to its original number is not in

consonance with law.

Notice.

Notice is waived by Mr. Sachin Dev Singh, learned counsel on behalf of

respondent Nos. 1 to 3 at the first instance.

Registry is directed to summon the record from the Court of Principal

District Judge, Jammu and the Court of City Judge, Jammu.

List for continuation on 08.10.2024.

Interim application of the appellant shall be considered on the next date of

hearing.

(Moksha Khajuria Kazmi) Judge

Jammu:

04.10.2024 Neha-1