ORDER :

Caveat Petition No. 203 of 2022

Discharged. The Caveat Petition stands disposed of.

CMPMO No. 210 of 2022

1. An application was moved by the petitioner under Order 41 Rule 25 read with Section 151 of Code of Civil Procedure before the learned Appellate Court with a prayer to frame additional issues and to remand the matter to the learned Trial Court for calling findings on the additional issues after taking evidence of the parties and also to direct the learned Trial Court for recording proper findings on issues No. 3 and 6. This application was dismissed on 4.4.2022. Dissatisfied, the petitioner has invoked Article 227 of the Constitution of India.

Parties to the present petition are referred to hereinafter according to their status before the learned Trial Court.

2. Facts:

Facts required to be noticed for the adjudication of the present petition are that:

2(i) Respondent No. 1 instituted a Civil Suit for declaration to the effect that sale deed dated 18.12.2001 executed by respondent No. 2 (original defendant No. 1) in favour of present petitioner (defendant No.2) registered at Sr. No. 517 on 18.12.2001 with Sub Registrar Shimla (Urban), Shimla, was null, void, illegal, forged, s