JAI PRAKASH NARAYAN LAL Vs. RAJEEV KUMAR MANDILWAR

JUDGEMENT

(1.) The present writ petition has been filed against the order dtd. 24/4/2018 (Annexure-6 to the writ petition) passed by the learned District Judge-I, Giridih in Title Appeal no.88 of 2012 (presently pending at the stage of argument), whereby the petitioner's application filed under Order XLI Rule 25 C.P.C. to settle the issue by recasting with regard to devolution of interest of land to the widow of Late Rudra Prasad and to decide the same accordingly, has been disposed of with an observation that the same would be considered at the time of final judgment, though the same Court on earlier occasion i.e. vide order dtd. 5/5/2015 had observed that the said issue would be considered at the time of final argument.

(2.) Heard learned counsel for the petitioner and perused the contents of the writ petition including the orders dtd. 5/5/2015 and 24/4/2018 passed by the appellate court.

(3.) The appellant/petitioner (defendant no.2 in Title Suit no.13 of 1992) filed an application on 7/11/2014 under Order XLI Rule 25 CPC before the appellate court with a plea that the issue with regard to devolution of interest of land to the widow of Late Rudra Prasad should be recast. The appellate court vide order dtd. 5/5/2015, while taking note of the fact that the appellant/petitioner had taken the said ground in memo of appeal, which he wanted to settle before commencement of argument, observed that the said issue would be considered at the time of final argument. Thereafter, the petitioner again filed similar application on 8/11/2017, which was disposed of by the appellate court vide impugned order dated 24 th April, 2018 making similar observation as was made in the order dtd. 5/5/2015, with only difference on this occasion that the said application filed under Order XLI Rule 25 CPC would be considered at the time of final judgment.