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Mahavir Vs Babu Lal and Others — Specific Performance | Rajasthan HC (2018)

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Rajasthan HC
2018
Mahavir Vs Babu Lal and OthersMahavir v. Babu Lal and Others

Disposed

Mahavir v. Babu Lal and Others

Rajasthan HC11 Jul 2018CMA/5199/2011

Case brief

AI extract

What is this about?

Appeal disposed of directing parties to appear before the Tribunal on a fixed date in accordance with the remand order in a coordinate appeal.

What the court decided

AI extract

A

(1 of 2)

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Miscellaneous Appeal No. 5199/2011

Mahavir S/o Shri Modu Lal, B/c Mahajan, R/o Pech Ki Bawdi, Tehsil Hindoli, District Bundi (Rajasthan)

----Non-Claimant No.2/Appellant

Versus

Babulal S/o Ram Dev, B/c Bairwa, R/o Gurari, Tehsil Deoli, District Tonk.

----Respondent/Claimant

Prahlad S/o Shri Nena Ram, B/c Meena, R/o Seladanta, Police Station Hindoli, District Bundi,

The New India Assurance Co. Ltd. Branch Office Kota

----Non-Claimants no.1 & 3/Respondents

For Appellant : Mr. Chetan Kumar Jain

Parties & counsel

AI extract

appellant
Mahavir S/o Shri Modu Lal
respondent
Babulal S/o Ram Dev
respondent
The New India Assurance Co. Ltd.

Case details

As recorded by the court registry

Court: Rajasthan HC
Decided on: 11 Jul 2018 · July
Registered: 20 Sept 2011
Case no.: CMA/5199/2011

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Cite this judgement

Mahavir v. Babu Lal and Others, CMA/5199/2011 (RJ), decided on 11 July 2018.

The High Court of Rajasthan publishes no neutral citation for this judgement — cite it by case number and date of decision.

Outcome

Disposed

Detailed headnote1 paragraphs

The appeal is disposed of by referencing the operative direction in a coordinate appeal (S.B. Civil Misc. Appeal No.2699/2011) which had quashed parts of the tribunal's award and directed a fresh decision. The court directs the parties to appear before the Tribunal on 13.08.2018 to await further instructions or orders.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

For Respondents : Mr. Praveen Kumar Jain Mr. Yudhishter Ratnoo

HON'BLE MRS. JUSTICE SABINA Order

11/07/2018

Appellant has filed this appeal, challenging the award dated 4.12.2007, whereby, claim petition filed by the claimant, was allowed and insurance company was exonerated by its liability to indemnify the insured.

Learned counsel for the appellant has submitted that vide the impugned award, two claim petitions were disposed of. In an appeal filed by the appellant with regard to the claim petition filed by the other claimant Jata Shankar, Co-ordinate Bench of this court vide order dated 27.05.2016 had remanded the case to the Tribunal for a fresh decision on issue No. 4 & 6. This appeal was also liable to be disposed of in terms of the order passed by Co-ordinate Bench of this

(2 of 2 )

court in S.B. Civil Misc. Appeal No.2699/2011, decided on 27.05.2016.

Copy of the order passed in S.B. Civil Misc. Appeal No.2699/2011, decided on 27.05.2016 is available on record and the operative portion of the said order reads as under:-

“In the result, the appeal is partly allowed and the impugned judgment and award passed by learned Tribunal qua issue No/s. 4 and 6 is quashed and set aside with the direction to the learned Tribunal to decide the matter afresh as early as possible, qua issue No/s. 4 and 6 in the light of grounds raised by the learned counsel for the parties in the aforesaid appeal and the aforesaid judgment, if applicable and other 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.

Both the parties request for specific date for appearing before the trial court, hence they are directed to appear before the learned Tribunal on 19.09.2016. Record, if any, be sent back.”

Accordingly, this appeal is disposed of in terms of the order dated 27.05.2016 passed in S.B. Civil Misc. Appeal No.2699/2011. Parties are directed to appear before the Tribunal on 13.08.2018.

(SABINA)J.

Mohita/31

CNR

RJHC020014972011

Topic

Specific Performance

Bench

Disposal

DISPOSED OF

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