Heard.
The second appeal is admitted on the following substantial questions of law:-
1. Whether the impugned judgment and decree passed by learned First Appellate Court without formulating the questions for determination as required under Order 41 Rule 31 C.P.C. can be allowed to sustain?
2. Whether the judgment and decree passed by learned First Appellate Court can be maintained which is not in accordance with the provisions contained under Order 41 Rule 33 C.P.C.?
3. Whether by non filing of appeal against the mere finding despite the suit having been decreed in his favour, the appellant precluded from challenging the said finding before the learned First Appellate Court while supporting the judgment and decree?
4. Whether the learned First Appellate Court can legally pass impugned judgment and decree relying on a particular portion of the statement of a witness ignoring the rest and major part of the same?
Let lower court record be summoned.
With the consent of parties counsel, list this appeal for hearing in the last week of July, 2010.
Learned counsel appearing for the respondents undertakes that during pendency of the second appeal, the respondents will not alienate the property and also will not make any permanent construction over the land in question.
Order Date :- 30.6.2010 Suresh/-