FA/122/2020
2021 Latest Caselaw 4820 UK

                      Office Notes,
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SL.                 proceedings or
         Date                                      COURT'S OR JUDGES'S ORDERS
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      30.11.2021                        FA No.122 of 2020
                                        Hon'ble Alok Kumar Verma, J.

Heard Mr. Piyush Garg, the learned counsel for the appellants and Mr. Siddhartha Sah, the learned counsel for the respondents.

Two Original Suits bearing Nos.408 of 2011 (New No.533 of 2017) and Original Suit No.691 of 2004 (New No.515 of 2017) were filed before the learned trial court. The learned trial court passed a common judgment dated 19.02.2020 in the said suits. The present first appeal arising out of Original Suit No.408 of 2011, has been filed before this Court on account of valuation, which is more than Rs.5 lakh, whereas the Civil Appeal No.42 of 2020 arising out of the Original Suit No.691 of 2004, has been filed before the learned District Judge, Dehradun, on account of valuation, which is less than Rs.5 lakh. The Civil Appeal No.42 of 2020 "Smt. Usha Sharma and Others vs. Dinesh Chand" is pending before the learned IIIrd Additional District Judge, Dehradun.

The respondents have filed a Civil Miscellaneous Application (IA No.7814 of 2021) with a prayer to summon the said civil appeal for hearing by this Court.

The learned counsel for the appellants has no objection.

The Miscellaneous Application (IA No.7814 of 2021) is allowed.

The Civil Appeal No.42 of 2020, "Smt. Usha Sharma and Others vs. Dinesh Chand", pending in the court of the learned IIIrd Additional District Judge, Dehradun, is transferred to the file of this Court for hearing.

The registry is directed to take necessary steps.

(Alok Kumar Verma, J.) 30.11.2021

Neha