AJIT SINGH Vs. CHANCHAL SINGH

JUDGEMENT

(1.) : 1.The present petition has been preferred by the original defendant in Title Suit No. 12 of 2005, whereby, it has been submitted by the original defendant that though the stay was not granted, as prayed for by the respondent (original plaintiff) by the trial court vide order dated October 7, 2005 and though his appeal being Misc. Appeal No. 1 of 2006 is dismissed vide order dated July 21, 2007, the stay has been granted to the original plaintiff by self contradictory observations, made in the order, passed by the lower appellate court and hence this writ petition has been preferred under Article 227 of the Constitution of India by the original defendant.

(2.) HAVING heard learned counsel appearing for both the sides and looking to the facts and circumstances of the case:

(3.) IN these set of circumstances, I hereby remand the matter to th Additional District Judge, Singhbhum East at Jamshedpur, for his fresh decision upon Misc. Appeal No. 1 of 2006. It is not clear from the impugned order whether the appeal is partly allowed or fully dismissed, looking to paragraph no.12 of the impugned order, as quoted hereinabove.