MOHAR SINGH Vs. DEVTA SHRI SHRINGA RISHI JI

JUDGEMENT

(1.) THE issue, which arises for consideration in the present appeal, filed under the provisions of Order 43 Rule 1(k), read with Section 104 of the Code of Civil Procedure, is as to whether lower Appellate Court erred in dismissing the appeal as abated.

(2.) CERTAIN facts are undisputed. Plaintiff Devta Shri Shringa Rishi Ji (respondent No. 1 herein) filed suit for mandatory and permanent prohibitory injunction, as also recovery of certain amounts from the defendants, including the present appellants. Suit stands partly decreed by Civil Judge (Senior Division), Kullu, Himachal Pradesh, vide judgment and decree dated 25.7.2011, passed in Civil Suit No. 43 of 2007, titled as Devta Shri Shring Rishi Jee v. Virender Kumar and others, as under:

(3.) IN view of limited controversy raised in the present appeal, with regard to illegality committed by the Court below, in dismissing the appeal, as a whole, for having been abated, this Court has refrained from dealing with the same as also other rival contentions raised by the parties.