KRISHNA DEVI AND OTHERS Vs. RAJ KUMARI

JUDGEMENT

(1.) By way of present appeal, appellants/defendants have challenged the judgment passed by the Court of learned District Judge, Shimla in Civil Appeal No. 65-S/13 of 2005/04 dated 03.03.2007 vide which, learned appellate Court while dismissing the first appeal filed by the present appellants, has upheld the judgment and decree passed by the Court of learned Civil Judge (Junior Divison), Court No. (4) in Civil Suit No. 37/1 of 2001 dated 01.07.2006, vide which learned trial Court had decreed the suit of the present respondent/plaintiff.

(2.) For clarification of the records, it is stated that initial judgment passed by the Court of learned Civil Judge (Junior Division), Court No. (4), Shimla in Civil Suit No. 37/1 of 2001 dated 02.09.2004 was remanded back in appeal by learned appellate Court in Civil Appeal No. 65-S/13 of 2005/04 dated 05.08.2005 for adjudication only on Issue No. 3-A and the same culminated in judgment passed by the Court of learned Civil Judge (Junior Division), Court No. (4), Shimla in Civil Suit No. 37/1 of 2001 dated 01.07.2006

(3.) This appeal was admitted on the following substantial questions of law on 31.05.2007: