Tomar Singh vs. Executive Engineer
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Order Issued After Hearing
Purpose:
First Hearing
Listed On:
21 Apr 2015
Order Text
MA-895-2015
(TOMAR SINGH Vs EXECUTIVE ENGINEER)
23-06-2015
Shri Balaji Akillawar, Advocate for the appellant.
Heard on the question of admission.
Being aggrieved by the judgment and decree dated 25.3.2015 passed by Second Addl. District Judge, Raisen, in Civil Appeal No.46- A/2014, this appeal has been preferred.
On perusal of the record, it is apparent that the suit seeking declaration and permanent injunction was filed by the plaintiff inter alia contending that he is the owner of the land in question and the defendant wants to construct a canal from a dam on the land belongs to him, however, they be restrained.
The defendants have not disputed the ownership of the plaintiff, but the construction of the canal has been denied. Considering the aforesaid, the trial court decreed the suit granting injunction in favour of the plaintiff.
On filing an appeal by the defendants, an application under Order XLI Rule 27 C.P.C. has been filed which has been referred by the appellate court in para 13 and on consideration of the fact that after acquisition the compensation has already been determined and the award is available on record, however, remand is directed with an observation that parties be afforded an opportunity to lead the evidence and thereafter the suit be decided.
After hearing learned counsel for the appellant upto a considerable length and on consideration of the subsequent events which have come on record, i.e. the award of the compensation by the order of the competent authority, the appellate court remanded the suit. In the said facts, in my considered opinion, the appellate court has not committed any error directing remand to the trial court.
In view of the foregoing, the appeal filed by the appellant is devoid of any merit, hence it is dismissed. The trial court is directed to decide the suit as early as possible not later than six months from the date of communication of this order. Parties present in the court are ready to appear in the trial court on 17th August, 2015. Accordingly, they shall appear and lead the evidence.
Accordingly, this appeal is dismissed.
(J.K. MAHESHWARI) JUDGE
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