Unknown vs Mohd. Juber
2023 Latest Caselaw 602 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                        COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  SA No. 23 of 2022
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Deepak Kandpal, Advocate, for the appellant.

On the revival of the appellate proceedings, as a consequence of the judgment of remand dated 10th April, 2019, as it was rendered in Civil Appeal No. 8 of 2018, Ahmad Hussain Vs. Mohd. Juber Hussain, the appellate proceedings stood revived. Its' that during the pendency of the appellate proceedings, it has been argued by the learned counsel for the appellant, that when objection was raised to the 1st Commission Report, it stood decided by the order dated 18th November, 2019, thereby, the direction was issued by the Court to re- conduct the commission.

It has been argued by the learned counsel for the appellant, that the direction as given by the order dated 18th November, 2019, in fact, it has not been complied with, rather the 1st Commission Report, which was otherwise rejected by the order of 18th November, 2019, that has been rather again included as to be the principal part of the 2nd Commission Report, except for certain minor changes, which were made in the map appended in the 2nd Commission Report.

Hence, he submitted that the alteration made in the 2nd Commission Report, qua the minor correction made in the map, will not satisfy the direction given in the order of 18th November, 2019, he argues that the appellate Court's judgment dated 29th November, 2021, which was consequently affirming the judgment of the Trial Court dated 4th December, 2019, would be bad in the eyes of law.

Admit the Second Appeal.

Issue notices to the respondents on the following questions of law:-

"1. As to whether, furnishing of 2nd Commission Report, in pursuance to the order dated 18th November, 2019, satisfies the condition given by the order of 18th November, 2019, while rejecting the 1st Commission Report.

2. Whether the 2nd Commission Report submitted could be read in evidence, when it happens to be verbatim common to the 1st Commission Report, which already stood rejected by the order of 18th November, 2019."

Till the next date of listing, the parties to the Second Appeal are directed to maintain the status quo, qua the nature and title of the property, in question.

(Sharad Kumar Sharma, J.) Dated 13.03.2023 Shiv