SANJAY KUMAR MODI Vs. UDAIRAJ

JUDGEMENT

(1.) Heard Heard Sri Sudeep Kumar, learned counsel for the appellants and Sri Brijesh Kumar Saxena, learned counsel who has put in appearance on behalf of the respondent no. 1 in F.A.F.O.No. 158 of 2023 and F.A.F.O. No. 162 of 2023. The learned counsel for the appellant submits that another appeal bearing F.A.F.O. No. 162 of 2023 which is connected also arises from the same judgment of remand and as such both the appeals can be considered and decided together.

(2.) The instant F.A.F.O. has been preferred under Order 43 Rule (1) (u) C.P.C. assailing the order of remand. The learned counsel for the appellants in both the cases is assailing the judgment and decree passed by the Lower Appellate Court dtd. 18/4/2023 whereby two civil appeals bearing No. 10 of 2022 and 11 of 2022 have been allowed and the matter has been remanded to the Trial Court for decision afresh.

(3.) Sri B.K. Saxena, learned counsel appearing for the respondent no.1-Udairaj in both the appeals submits that since the only legal issue regarding sufficiency of grounds for remand is involved, accordingly, the matter can be heard at the admission stage itself. It is in this view of the matter that the Court has heard the learned counsel for the parties at the admission stage and with the consent of learned counsel for the parties disposes of the both the appeals by this common judgment.