Partly allowed

Smt Darkali Devi and Others v. Khem Chand and Others

Rajasthan HC16 Feb 2017CMA/3067/2015

Case brief

AI extract

What is this about?

This Court partially allowed civil miscellaneous appeals and quashed the impugned award passed by the Tribunal regarding a specific issue, remanding the matter for fresh consideration after proper notice and hearing to all parties.

What did the court decide?

Impugned award on specific issue quashed and set aside; matter remanded to Tribunal to decide afresh after notice and hearing.

Smt Darkali Devi and Others Vs Khem Chand and Others — Property and Title | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B.CIVIL MISCELLANEOUS APPEAL No. 3061 / 2015

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Smt Sarswati Devi And Others

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----Appellants Versus Khem Chand And Others ----Respondents Connected with S.B.CIVIL MISCELLANEOUS APPEAL No. 3067 / 2015 Darkali Devi And Others ----Appellants Versus Khem Chand And Others ----Respondents S.B.CIVIL MISCELLANEOUS APPEAL No. 3068 / 2015 Sumitra Devi And Others ----Appellants Versus Khem Chand And Others ----Respondents _____________________________________________________ For Appellant(s) : Mr. Bhanu Prakash. For Respondent(s) : Mr. Virendra Agrawal.

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HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

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Judgment

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16/02/2017

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Heard learned counsel for the parties and after hearing both the parties, these appeals are being disposed of at this stage.

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(2 of 3)

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[CMA-2022/2015]

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Brief facts of the case are that these appeals have been filed against the impugned judgment and award passed by the MACT.

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At the very outset, learned counsel for the appellant/s submits that the learned Tribunal while passing the impugned award has not taken into consideration the objections which he has raised by way of aforesaid appeal. The finding of learned Tribunal on issue no. 4 is contrary to the material available on record. Thus, the impugned award passed by the learned Tribunal qua issue no. 4 be quashed and set aside and the matter be remanded to the learned Tribunal with the direction to decide the matter afresh in the light of grounds which he has raised by way of aforesaid appeal.

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On the other hand, the learned counsel for the respondent/s though opposed the same but requested that the learned Tribunal may be directed to hear him/them at the time of deciding the matter afresh on the aforesaid issue/s, and he may be permitted to raise all the objections to the grounds as have been raised in this appeal.

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I have heard learned counsel for the parties and carefully perused the relevant material on record including the impugned award.

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In my considered view, the learned Tribunal while passing the impugned award has not gone through the facts of the case and passed the impugned award surreptitiously. Thus, the impugned award passed by the learned Tribunal needs interference by this court.

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(3 of 3)

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[CMA-2022/2015]

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In the result, these appeals are partly allowed and the impugned judgment and award passed by learned Tribunal qua on aforesaid issue is quashed and set aside and the matter is remanded to the Tribunal with the direction to decide the matter afresh as early as possible, qua the aforesaid issue/s in the light of grounds raised by the learned counsel for the appellant/s in the aforesaid appeal and the judgments to be cited by learned counsel for the parties, if any, after issuing notice to all the concerned parties and giving opportunity of hearing to them.

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All the parties request for specific date for appearing before the trial court, hence they are directed to appear before the learned Tribunal on 05/07/2017.

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Record, if any, be sent back.

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(MAHESH CHANDRA SHARMA)J.

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Om/Manisha/-491-493

Smt Darkali Devi and Others v. Khem Chand and Others

Case brief

What is this about?

What did the court decide?

Smt Darkali Devi and Others v. Khem Chand and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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