1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL SECOND APPEAL No. 485 of 2006 RAMJEEVAN V/S U.I.T.& ANR. Mr. SL SINWADIA, for the appellant / petitioner Mr. G R PUNIA & Mr. SG OJHA, for the respondent Date of Order : 4.7.2007 HON'BLE SHRI N P GUPTA,J. ORDER ----- Heard learned counsel for the parties. It is contended by the learned counsel for the appellant, that the appellant had challenged the findings of the learned trial court on issue no. 1, which was a crucial issue, as to whether the plot in question is plot no. 3, as claimed by the plaintiff, or plot no. 6, as claimed by the defendant, and the learned lower Appellate Court has not decided this controversy, by going into the material on record, and has simply decided on the basis of the contentions of the learned counsel, that if the plaintiff is in possession of plot no. 3 he will not be dispossessed, and if the plaintiff is in possession of plot no. 6, then defendant will be entitled to dispossess. 2 This finding according to the learned counsel is no better than perverse. In my view, the appeal does involve the following substantial question of law:- “Whether the learned lower Appellate Court was in error in not deciding issue no. 1 on its merits, much less by discussing the material on record?” During hearing, both the learned counsel are agreed, that the impugned judgment may be set aside, and the matter may be sent back to the learned lower Appellate Court, for deciding the appeal afresh, on merits, in accordance with law, and by deciding all the questions involved in the litigation, on the basis of the material on record. Accordingly the appeal is allowed, and the impugned judgment is set aside, and the matter is remanded back to the learned lower Appellate Court, to decide the appeal afresh, on merits, in accordance with law, on the basis of the material on record. Parties are directed to appear before the learned lower Appellate Court, on 16.7.2007. The learned lower 3 Appellate Court is also directed to decide the appeal most expeditiously. Till then, status quo regarding possession shall be maintained. The parties shall bear their own costs of this appeal. ( N P GUPTA ),J. /Sushil/