HARKESH MANUJA J.

CM-12377-C-2023

Prayer in the present application is for preponement of the date of hearing in the main case, which is fixed for 23.01.2024.

On 07.11.2023, notice of the application was issued and accepted by Mr. Tanmoy Gupta, Advocate on behalf of contesting respondents No.1 and 2.

Having heard learned counsels for the parties and gone through the contents of the application, the same is allowed and the date of hearing in the main appeal is preponed from 23.01.2024 to today itself i.e. 14.11.2023, for its final disposal.

Main case

1. By way of present appeal, challenge has been laid to the judgment and decree dated 21.07.2023 passed by the Appellate Court, whereby, ex-parte judgment and decree dated 22.05.2017 passed by the Trial Court has been set-aside and the matter has been sent back to the Trial Court for deciding the suit afresh, upon hearing respondents No.1 and 2/defendants No.5 and 6.

2. Briefly stating, appellant-plaintiff filed a suit for declaration as well as seeking consequential relief of permanent injunction, claiming herself to be owner in joint possession to the extent of 1/7th share of the suit property, situated within the revenue estate of village B