Vikrama Devi vs Mohan Lal And Another

Sureshwar Thakur, J

The instant appeal, stands, directed, against, the verdict pronounced by the learned First Appellate Court, upon, Civil Appeal No. 11 of 2018, on 04.07.2018, wherethrough, it made an order of remand, vis-a-vis, the learned trial Court, for making a decision afresh, upon, lis engaging the parties.

The learned Senior Civil Judge, Chamba, in, the plaintiff's suit for rendition of a decree for permanent prohibitory injunction, besides for rendition of a decree for mandatory injunction, and, possession, vis - a-vis, the suit khasra number, has struck the hereinafter extracted issues:-

Whether the defendants while raising construction of toilet and bath-room in the month of July, 2009, encroached upon the suit land, if so, to what extent?OPP.

If issue No.1 is proved, whether the plaintiff is entitled for injunction? OPP.

Whether the suit is not maintainable in the present form?OPD.

Whether the plaintiff has no cause of action to file the present suit?OPD.

Whether the plaintiff has no locus standi to file the present suit?OPD.

Relief.

And, thereafter, upon the learned Civil Judge concerned, appraising the evidence adduced thereon, rather proceeded to render, the, espoused decree, vis-a-vis, the plaintiff. The aggrieved therefrom, defendants, hence, carried an appeal therefrom, before the learned District Judge concerned, and, upon the apposite civil appeal, the impugned order of remand was made. Importantly, the afore wholesale remand of the lis, to the remandee court, is, prima faice ingrained with a pervasive stain of illegality, emphasisingly, hence with the settled legal expostulation(s), as, appertaining therewith rather interdicting the making of an order, of, wholesale remand. However, the afore order, yet would assume validation, only when, upon, an incisive scrutiny, of the contentious issues struck, inter se, the legal combatants, (i) unveilings spur qua existence, of, a closest entwinement inter se each, and, the report of the demarcating officer concerned, as directed to be elicited, afresh by the remandee court, hence, directly impinging upon each of the issue(s), whereupon, rather fresh findings were enjoined to be recorded, and, upon, all the purportedly entwined issues, and, concomitantly, hence, rendition of fresh findings thereon, being imperative, (ii) reiteratedly, thereupon, hence, the order, of, wholesale remand of the lis, would, be rendered uningrained with a vice of illegality. However, the afore extracted issues, though underscore, qua there hence being the closest entwinement inter se issues No.1 and 2. However, issues No. 3 to 5 are segregable, from issues No.1 and 2, and, when for cogent reasons, the learned trial Court has rendered efficacious findings, upon issues No. 3, 4 and 5, thereupon, it is unbefitting, for the learned First Appellate Court, to, direct, the learned trial court, to, render fresh findings, upon, issues No.3 to 5.

Consequently, the order of wholesale remand made by the learned First Appellate Court, upon, Civil Appeal No. 11 of 2018, is set aside, and, modified to the extent, that, the remandee court, shall render fresh findings only, upon, issues No.1 and 2, and, it would not be incumbent upon it, to, render findings afresh upon issues No.3, 4 and 5. The parties are directed to appear before the learned trial Court on 17th April, 2019. All pending applications also stand disposed of. Records be sent back forthwith.