Hon'Ble Alok Kumar Verma vs Kishan Ram
2022 Latest Caselaw 1035 UK

                      Office Notes,
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         Date                                      COURT'S OR JUDGES'S ORDERS
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      31.03.2022                        SA No.15 of 2022
                                        Hon'ble Alok Kumar Verma, J.

This Second Appeal has been filed against the judgment and decree dated 18.10.2021, passed by the learned District Judge Almora in Civil Appeal No.54 of 2013, "Bhimendra Singh vs. Kishan Ram and Another", whereby the said first appeal, filed by the appellant-plaintiff, has been dismissed.

Heard Mr. Bhuwan Bhatt, the learned counsel for the appellant and perused the record.

Mr. Bhuwan Bhatt, the learned counsel for the appellant submitted that the First Appellate Court has not considered the Survey Commissioner Report dated 17.12.2020, filed before the First Appellate Court.

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

"(1) Whether the First Appellate Court was justified to not consider the Survey Commissioner report dated 17.12.2020?

(2) Whether the First Appellate Court was justified to adjudicate those issues, which are admitted between the parties?"

Issue notice to the respondents. Steps to be taken within a week. Post this case on 24.05.2022.

(Alok Kumar Verma, J.) 31.03.2022

Neha