Court No. - 3
Case :- FIRST APPEAL FROM ORDER No.789 of 1990 Appellant :- Bachan And Others Respondent :- Shiv Sagar And Another Counsel for Appellant :- S.N.Singh,Ram Dhani Singh Counsel for Respondent :- S.Rai,
Hon'ble Dr. Kaushal Jayendra Thaker, J.
1. None has appeared for the respondents though notices have been sent to them time and again.
2. By way of this appeal, the appellants have felt aggrieved by the order dated 17.5.1990 passed by first appellate court remanding the Suit back to the trial court for decision afresh after getting a fresh survey map and report prepared.
3. On the appeal filed by the defendant – respondents, the lower appellate court on sole ground that survey map and report are not correct and the same should be prepared afresh, has set aside the entire decree and has illegally sent the matter back to the trial court for deciding the suit again after getting a fresh survey map and report prepared.
4. The appeal is allowed. The first appellate court shall decide the appeal on its merits arising out of Original Suit No.410 of 1975. The remand order is quashed and set aside.
5. The appeal shall be heard afresh and decided on or before 1.12.2019.
Order Date :- 30.5.2019 Irshad