SA/102/2021
2021 Latest Caselaw 4978 UK

                      Office Notes,
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         Date                                      COURT'S OR JUDGES'S ORDERS
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      08.12.2021                        SA No. 102 of 2021
                                        Hon'ble Alok Kumar Verma, J.

Mr. Siddhartha Singh, learned counsel for the appellants and Mr. Nikhil Singhal, learned counsel for the caveator/ respondent no.1.

This Second Appeal has been filed against the judgment and decree dated 23.11.2021, passed by the learned Additional District Judge, Laksar, District Haridwar in Civil Appeal No.14 of 2020, "Karnesh Kumar vs. Udal Singh and Others", whereby, the said civil appeal has been allowed and the judgment and decree dated 07.01.2020, passed by the learned trial court in Original Suit No.34 of 2007, "Karnesh Kumar vs. Udal Singh and Others" has been set aside.

Heard learned counsel for both the parties and perused the records.

This Second Appeal is admitted on the following substantial questions of law:-

(i)Whether the learned Ist Appellate Court is legally right to set aside the decree of dismissal of suit of the plaintiff without setting aside the findings, recorded by the learned trial court?

(ii)Whether the impugned judgment dated 23.11.2021, passed by the learned Ist Appellate Court, which is based on no evidence in regard to the encroachment and illegal constructions by the contesting defendants, is sustainable?

The learned counsel appearing for the caveator/ respondent no.1 requested one week time to file objection(s) to the Stay Application (IA No.01 of 2021).

Summon the Lower Court Record. List this case on 21.12.2021.

(Alok Kumar Verma, J.) 08.12.2021

Pant/