BRAHMWATI Vs. VINEET KUMAR

JUDGEMENT

(1.) Challenge in this Writ Petition is the order dated 29.11.2019 passed in Civil Appeal No. 40 of 2012 "Smt. Bhramwati and others v. Vineet Kumar and others" passed by the Fourth Additional District and Sessions Judge, Haridwar (for short the "Appeal"). By the impugned order, the learned Court below recalled its earlier order dated 25.04.2018, by which an issue was remitted for trial to the Court below under Order 41 Rule 25 of the Code of Civil Procedure, 1908 (for short the "Code").

(2.) Facts, necessary to resolve the controversy, are in a narrow compass. Respondents filed Original Suit No. 86 of 2002 "Vineet Kumar v. Kashi Ram" in the Court of the Civil Judge (Junior Division), Haridwar (for short the "Suit"). The Suit was decreed. The petitioners herein, who were respondents in the Suit, preferred an appeal there-against. In the appeal a plea for framing additional issues was taken, which was not allowed. Therefore, the petitioners filed Writ Petition (M/S) No. 2673 of 2015 "Smt. Bhramwati and others v. Vineet Kumar and others" before this Court (for short the "Writ Petition"). The Writ Petition was allowed by this Court vide its order dated 21.03.2017 and the Court directed as hereunder :-

(3.) In the appeal, it appears that on 19.03.2018 an application, under Order 41 Rule 25 of the Code read with Section 151 of the Code, was moved by the petitioners with the request that the additional issue, as was framed, be remitted to the trial Court for decision. By the order dated 25.04.2018 passed in the Appeal, the said application was allowed. The additional issue, as was framed pursuant to the order dated 21.03.2017 passed in the Writ Petition, was remitted for decision to the trial Court. In trial Court evidence was adduced on the additional issue and, by an order dated 20.08.2018, the additional issue was decided. The Appeal was heard and judgment reserved.