ZAMINDAR DHARMIK Vs. SIDDHANATH

JUDGEMENT

(1.) Appellant/Defendant No.3 has filed the present second appeal being aggrieved by the judgment dated 30.01.1999 passed by IIIrd Additional District Judge, Indore in First Appeal No.03/97 affirming the judgment and decree dated 31.01.1997 in favour of plaintiff passed in Civil Suit No.113-A/94 by Vth Civil Judge, Class-II, Indore.

(2.) By order dated 05.08.1999, this Court had dismissed the second appeal. Thereafter, defendant No.3/appellant filed Civil Appeal No.5835/2000 before the Hon'ble Supreme Court of India. Vide judgment dated 22.05.2007, by allowing the Civil Appeal the Supreme Court has remitted the second appeal back to the High Court for deciding on the following substantial questions of law:

(3.) At the very outset Shri A.K. Sethi, learned Senior Counsel for the appellant submits that he is not pressing this appeal on the question No.1.