IN THE HON’BLE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. RSA Nos.141 and 537 of 2007. Date of decision : 26.06.2008. 1. RSA No.141 of 2007. Krishna Devi and Another …Appellants Versus Sant Ram & Another …Respondents 2. RSA No.537 of 2007. Sant Ram …Appellant Versus Shakuntla …Respondent Coram: The Hon’ble Mr. Justice Dev Darshan Sud, J. Whether approved for reporting?1 RSA No.141 of 2007. For the Appellant: Mr.Sanjeev Kuthiala, Advocate. For the respondent: In person RSA No.537 of 2007. For the Appellant: In person. For the respondent: Mr.Sanjeev Kuthiala, Advocate. Dev Darshan Sud, J. Both these appeals present a strange fact situation. In Civil Appeal No.5-NL/13 of 2007/2005, Smt.Shakuntla, who was the appellant before the learned District Judge, was granted a decree declaring the previous judgment passed in favour of 1 Whether Reporters of Local Papers are allowed to see the judgment? 2 the respondent Sant Ram as not binding on her interest and thereby declaring her to be the owner of the suit property. This decree was passed reversing the judgment and decree of the learned trial Court which held otherwise. For the same property, another suit was instituted by Sant Ram for recovery by way of damages for the use and occupation. This decree was granted against Smt.Krishana. The learned trial Court decreed the suit and in appeal the learned Additional District Judge, Solan up held the appeal holding Shri Sant Ram to be entitled to use and occupation charges etc. This is a case where conflicting and parallel judgments have been passed by the Court qua the same property. Obviously, if Smt.Shakuntla was not bound by the previous judgment and had become the owner, no use and occupation charges will be recoverable by Sh.Sant Ram but by her as its true owner. Both these appeals required to be tried together so that there was no conflict of judgments passed against the same set of persons regarding the same property. This having not been done, I find that this is a fit case where both the appeals require to be remanded to the learned District Judge, Solan, for decision afresh in accordance with law. The judgment and decree in both the appeals are set 3 aside and a direction is issued that both these appeals shall be decided together by the learned District Judge, Solan. Considering that the matter has been pending for a long period of time, a further direction is issued that both the appeals shall be disposed of not later than 31st December, 2008. The appeals would be decided on the pleadings and evidence already on record. The records of the case be sent back to the learned District Judge, Solan, immediately. The parties to appear before the learned District Judge, Solan, on 14th August, 2008. June 26, 2008 (Dev Darshan Sud) (aks) Judge.