SA/32/2022
2022 Latest Caselaw 560 UK

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                         COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      05.03.2022                        SA No. 32 of 2022
                                        Hon'ble Alok Kumar Verma, J.

This Second Appeal has been filed against the judgment and decree dated 09.12.2021, passed by the learned Ist Additional District Judge, Haridwar in Civil Appeal No.73 of 2014, "Punjab Sindh Kshetra (Registered), Rishikesh vs. Pawan Kumar", whereby, the said First Appeal has been dismissed. The said First Appeal was filed against the dismissal of the Original Suit.

Heard Mr. V.K. Kohli, the learned Senior Advocate assisted by Mr. I.P. Kohli, the learned counsel appearing for the appellant.

The learned Senior Advocate appearing for the appellant submitted that the disputed land is abchak (drainage) and adverse possession cannot be claimed on the abchak (drainage). The learned Senior Advocate further submitted that the learned Ist Appellate Court was not justified to dismiss the First Appeal without framing points of determination. This Second Appeal is admitted on the following substantial questions of law:-

(i)Whether adverse possession cannot be claimed on the abchak (drainage)?

(ii)Whether the learned Ist Appellate Court was justified to dismiss the First Appeal without framing points of determination and, thus, violated the provision of Order 41 Rule 31 CPC?

Issue notice to the respondent. Steps to be taken within a week. List this case on 04.05.2022.

(Alok Kumar Verma, J.) 05.03.2022 Pant/