LAWS(J&K)-2018-9-47

ZAKIR HUSSAIN AND OTHERS Vs. KRISHAN LAL

Decided On September 24, 2018
Zakir Hussain And Others Appellant
V/S
KRISHAN LAL Respondents

JUDGEMENT

(1.) These three appeals raise akin and analogues issues and have, therefore, been clubbed together for determination and decision.

(2.) This appeal bearing No. CIMA 616/2014 filed under Order 43 Rule 1 Clause (U) against the order of the learned Principal District Judge, Kishtwar, passed in File No. 11 titled Krishan Lal v. Zakir Hussain and Others, where under the learned Principal District Judge has accepted the appeal of the respondent and remanded the case to the learned Sub Judge, Kishtwar, for accord of fresh consideration to it in light of issue No. 3 framed in the suit.

(3.) The background facts of the case are that the respondent filed a Civil Suit for possession by enforcement of the right of prior purchase against the appellants herein. The suit was contested by the appellants and it ultimately came to be dismissed by the learned trial Court, i.e., Sub Judge, Kishtwar, vide his judgment dated 26.09.201 The respondent assailed the judgment of the learned Sub Judge before the Court of the learned Principal District Judge, Kishtwar, and the learned District Judge vide an order dated 18.12.2014 (impugned herein), remanded the matter to the learned Sub Judge.