Unknown vs Union Of India
2022 Latest Caselaw 4059 UK

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                      COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      19.12.2022                        AO No.443 of 2022
                                         Hon'ble Alok Kumar Verma, J.

The present Appeal has been filed under Order XLIII Rule 1 (u) of the Code of Civil Procedure, 1908 against the judgment and decree dated 29.10.2022, passed by the learned District Judge, Almora in Civil Appeal No.15 of 2019, "Abdul Rauf vs. Union of India and Others" by which, the said Civil Appeal has been allowed and impugned judgment and decree dated 23.11.2019, passed by the learned Trial Court in Original Suit No.5 of 2017, is set aside and the matter has been remanded back to the learned Trial Court to decide the suit on merits.

Heard Mr. Sanjay Bhatt, learned counsel for the appellants, Mr. Manish Bisht, learned counsel for the respondent no.1 and Mr. Aazmeen Sheikh, learned Standing Counsel for the Union of India.

Mr. Sanjay Bhatt, learned counsel for the appellants, submitted that one Original Suit No.34 of 1995 was filed by the brother of the present respondent no.1. The said suit was dismissed. The First Appeal and the Second Appeal, filed by the brother of the respondent no.1, were also dismissed.

Learned counsel for the appellants further submitted that on the same subject matter, the said Original Suit No.5 of 2017 was filed by the respondent no.1.

Admit.

List this case on 13.01.2023. The effect and operation of the impugned judgment and decree dated 29.10.2022 are stayed till the next date of listing.

(Alok Kumar Verma, J.) 19.12.2022

Neha