DIPAK RANMAL JADAV Vs. JAISHREEBEN

JUDGEMENT

(1.) Mr.Hardeep Mahida, learned advocate for the appellant submits that the first appellate court has directed the trial court in Regular Civil Appeal No.3 of 2017 vide order dtd. 23/1/2020 for modification of Issue No.2, which was framed by the trial court at Ex.13. Mr. Mahida, learned advocate for the appellant, under the instructions of his clients submits that if the matter is remanded to the trial court for the purpose of adducing the evidence upon the modified Issue No.2 and if the Hindu Marriage Petition is expedited, the matter can come to an end.

(2.) Mr.Darshan Varandani, learned advocate for the respondent has no objection if the submission of learned advocate for the appellant is accepted and order is passed accordingly.

(3.) Having heard the learned advocates for the respective parties and considering the facts and circumstances of the case, this Court is of the opinion that if the Hindu Marriage Petition No.7 of 2012 disposed of by judgement and decree dtd. 30/6/2016 is restored to its original file for the limited purpose of modification of Issue No.2 by the trial court with a liberty in favour of the parties to adduce evidence to that aspect, it would serve the ends of justice.