JAGMOHAN Vs. INDRA KANWAR

JUDGEMENT

(1.) This is second call of the case, first in pre-lunch session and second in post lunch session. There is no representation on behalf of private respondent. Order sheet of the appeal would show that earlier Mr. Pushpendra Kumar Patel, Advocate is causing appearance on behalf of respondent No.1(A). He filed Vakalatnama on 25/10/2024 for respondent No.1(A). On 15/9/2025 Mr. Utkarsh Patel, Advocate appeared on behalf of Mr. Pushpendra Kumar Patel and prays for time and case was adjourned for its listing in the month of October. On 6/10/2025, there was no representation on behalf of respondent No.1 A, however, the case was adjourned on the request of the learned counsel for appellant. Today also there is no representation on behalf of respondent No.1(A).

(2.) This appeal is received in remand from Hon'ble Supreme Court vide its order dtd. 5/9/2023 with a direction to dispose of this second appeal expeditiously preferably within a period of six months. In the aforementioned facts of the case, this appeal is heard in absence of the counsel for respondent No.1(A).

(3.) This second appeal U/s.100 of C.P.C. is filed by appellant/plaintiffs No.1 questioning legality and sustainability of the impugned judgment and decree dtd. 17/1/2006, passed in Civil Appeal No.5-A/2004, whereby, learned Additional District Judge, Baikunthpur, District-Koriya (C.G.) arising out of the judgment and decree dtd. 23/10/2003, in Civil Suit No.6-A/1995, whereby learned Civil Judge Class-1, Baikunthpur, District - Koriya dismissed the suit filed by the plaintiffs.