MAKKHAN SINGH Vs. SHYAM SINGH

JUDGEMENT

(1.) Heard Sri Manish Dev Singh, learned counsel for the petitioner and Sri Sukesh Kumar, learned counsel appearing for the respondents.

(2.) The present petition seeks to assail the order dated 25.10.2019 passed by the Additional District Judge, Court No. 2, Aligarh in Misc. Civil Appeal No. 40 of 2019 (Shyam Singh and another vs. Makkhan Singh).

(3.) In terms of the aforesaid order, an appeal preferred by the defendant respondents under Order XLIII Rule 1 (r) C.P.C. has been allowed and the order dated 10.04.2019 passed by the Civil Judge (Senior Division) Aligarh in Misc. Case No. 3800015 of 2016 (Sri Makhhan Singh and another Vs. Sri Shyam Singh and others), whereby the defendants had been held to be guilty and the trial court had sentenced them to undergo civil imprisonment for a period of three months, has been set aside.