SUDESH KUKREJA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal under Section 96 of CPC has been preferred by the appellants/ plaintiffs against the judgment and decree dated 26/02/2004 passed by 10th Additional District Judge (Fast Track Court), Gwalior in Civil Suit No.5-A/ 2003 whereby the suit preferred by the appellants/ plaintiffs has been dismissed.

(2.) Earlier appeal was heard and decided by this Court vide judgment dated 31st January, 2013 by which, the appeal preferred by the appellants/ plaintiffs has been allowed and the judgment and decree of the trial Court dated 26/02/2004 was set aside and suit was accordingly decreed. Challenging the said order at the instance of respondent No.2-Gwalior Development Authority, Gwalior, (hereinafter referred as "GDA"), order dated 23rd January, 2017 in Civil Appeal No.847/2017 has been passed whereby, the judgment and decree passed by the High Court in the appeal was set aside and the matter was remanded back by the Hon'ble Apex Court for fresh hearing.

(3.) Matter was placed for hearing on several occasions and vide order dated 31/01/2019 passed by the Coordinate Bench, it was observed that matter is to be heard afresh on merits. Today, matter heard finally on merits and therefore, counsel for the parties advanced arguments accordingly.