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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Sugham Bhagat – Appellant
Versus
Reena Sharma – Respondent
| Table of Content |
|---|
| 1. ownership and pending litigation details. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments regarding withdrawal at appellate stage. (Para 10 , 11 , 17 , 18) |
| 3. court's identified issues and conclusions on ownership. (Para 12 , 15 , 16) |
| 4. conditions under which suits can be withdrawn. (Para 20 , 21) |
| 5. judgment reversing appellate court's decision due to lack of reasoning. (Para 22 , 24 , 36) |
| 6. final order for remand to appellate court. (Para 38 , 39) |
JUDGMENT :
Romesh Verma, J.
The present Regular Second Appeal arises out of the judgment and decree as passed by the Additional District Judge, Palampur, District Kangra, H.P.dated 28.09.2024, whereby the appeal and application under the provisions of Order 23 Rule 1 of C.P.C filed by the present respondent were allowed and the judgment and decree as passed by the learned Civil Judge , Palampur, Distt. Kangra was set-aside.
2. The brief facts of the case are that the respondent/plaintiff filed a suit for possession by way of ejectment against the present appellant in the Court of learned Civil Judge, Palampur, District Kangra, H.P. on 20.06.2011.
3. The facts of the case are that the plaintiff is the owner of the house of single s
Withdrawal of a suit post-adjudication at the appellate stage requires strong justification to avoid prejudicing vested rights established by a prior decree.
An appellate court must provide independent findings with reasons to uphold judicial diligence and fairness, especially in assessing ownership claims based on agreements.
The right to withdraw a suit at the appellate stage is not absolute; it depends on the crystallized rights established by the court's earlier judgments.
The court established that a unified decree involving both a suit and counter claim can be appealed as a single entity, and failure to raise res judicata at the appropriate stage results in waiver of....
An agreement to sell does not confer ownership rights unless formal transfer occurs per the Transfer of Property Act; procedural integrity is essential in property disputes.
Suit does not abate upon death of one plaintiff if the right to sue survives; legal representatives need not be substituted if the cause of action continues.
Joint tenants cannot be dispossessed without due process, and their rights devolve upon the death of the original tenant.
The court established that the principles underlying Order 23 Rule 1 of the Code of Civil Procedure can apply to writ proceedings, but strict adherence to procedural laws is not required, particularl....
The First Appellate Court's compliance with procedural requirements under Order 41 Rule 31 of CPC is essential for ensuring fair adjudication, even if specific points for determination are not framed....
The appellate court ruled that a plaintiff must clarify the status of possession and seek a declaration of ownership to recover possession, failing which the suit is not maintainable.
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