JUDGMENT

Anil Kshetarpal, J. (Oral) - This judgment shall dispose of two appeals bearing RSA No.11 of 2010 and RSA No.4188 of 2008. In fact, RSA No.11 of 2010 has been listed for hearing after Hon'ble the Supreme Court remanded the case vide order dated 01.08.2014. The operative part of the order reads as under:-

"In our considered opinion, the findings of the trial Court, which we have noted above disclose that issue no.3 was held in favour of the appellant and in the said circumstances, there was a substantial question of law required to be examined by the High Court in the second appeal as raised before it at the instance of the appellant. Therefore, while setting aside the judgment impugned in this appeal, we remit the matter back to the High Court for framing appropriate substantial questions of law and decide the second appeal on merits. We hasten to add that we have not stated anything on merits of the issues raised in the Second Appeal and the High Court may decide the Second Appeal on its own.

In view of the above, the appeal stands allowed."

2. Although, as per the Hon'ble subsequent Constitution Bench of the Supreme Court in the case of Pankajakshi (Dead) through LRs. v.