IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 23rd DAY OF APRIL, 2022 BEFORE HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN FIRST APPEAL FROM ORDER NO.269/2019 BETWEEN:

YUVRAJ MOHAN AZAD, SON OF LATE SHRI JHURA RAM PRAKASH, RESIDENT OF PANTA NIWAS, PANCHHI AHATA, KHALINI, SHIMLA-171002 (HP) AT PRESENT RESIDENT OF HARI PRABHA NIWAS, BELOW SIRTAJ COMPLEX, KARYAN, MEHLI, DISTRICT SHIMLA (HP)-171 013 ….APPELLANT (BY MR. NEERAJ GUPTA, SR. ADVOCATE WITH MR. AJEET PAL SINGH JASWAL, ADVOCATE)

AND SH. GOVERDHAN SINGH, SON OF SHRI DEVI DASS, RESIDENT OF VILLAGE SUNDLI, P.O. AND TEHSIL JUBBAL, DISTRICT SHIMLA (HP), THROUGH HIS GENERAL POWER OF ATTORNEY SHRI RAKESH DHAUTA, SON OF SHRI GOVERDHAN SINGH, RESIDENT OF VILLAGE SUNDLI, P.O. AND TEHSIL JUBBAL, DISTRICT SHIMLA (HP).

...RESPONDENT (MR. G.D. VERMA, SR. ADVOCATE WITH MR. B. C. VERMA, ADVOCATE)

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The appeal coming on for admission after notice this day, the court passed the following:

O R D E R

Aggrieved by the impugned order dated 16.5.2019 rendered by the learned first appellate court, whereby it has ordered wholesale remand of the matter after setting aside the judgment and de