MADAN MOHAN SADHUKHAN Vs. RANADHI KUMAR DAS

JUDGEMENT

(1.) THESE two First Miscellaneous Appeals have arisen out of the judgment and decree dated December 5, 2005 passed by the learned Additional District Judge, 1st Court, Howrah thereby allowing the two appeals being Title Appeal No.s 14 of 2000 and 17 of 2000 arising out of the two suits (heard analogously), namely, Title Suit No.204 of 1997 and Title Suit No.104 of 1997. The Title Suit No.204 of 1997 was sent back on remand for fresh trial in the light of the judgment passed by the Appellate Court as well as in the misc. appeal being Misc. Appeal No.16 of 1998. Being aggrieved by such orders, these two appeals have been preferred by the two parties.

(2.) THE short facts leading to the filing of the two appeals are stated below:-

(3.) IN that view of the matter, the two first misc. appeals are allowed. The impugned judgment and decree passed by the learned First Appellate Court in Title Appeal No.s 14 & 17 of 2000 are hereby set aside. The learned First Appellate Court is directed to dispose of the two appeals afresh within a period of three months from the date of communication of the order without fail in the light of the observations made above.