MUMTAZ ULLAH KHAN Vs. RANI GOVIND KUMARI

JUDGEMENT

(1.) This appeal has been preferred against the judgment and decree dated 01.05.2009 passed by the Learned Additional District Judge, Court No. 5, Lakhimpur Kheri in Civil Appeal No. 40/98 and Civil Appeal No. 41/98 arising out of the common judgment passed in Regular Suit No. 46/91. Regular Suit No. 32/95, which was consolidated and Regular Suit No. 46/91 was made the leading case.

(2.) Heard learned counsel for both the parties and have gone through the records.

(3.) The learned First Appellate Court has also made Civil Appeal No. 40/98 as leading appeal and has set aside both the appeals together. He has allowed the appeal and set aside the decree passed by the learned Trial Court and remanded back the matter for fresh hearing. I agree with the apathy as placed before this Court by learned Counsel for both the parties that the learned First Appellate Court must have disposed of both the appeals on merits, as there is no ground for remand.