IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH R. S. A. No. 2880 of 1995 (O&M) Date of decision : July 07, 2008 Ram Sarup and others ....Appellants versus Bhagwan Singh and others ....Respondents Coram: Hon'ble Mr. Justice Pritam Pal Present : Mr. RK Verma,, Advocate for the appellant Mr. Surinder Lamba, Advocate, for respondent nos. 1 & 3 Pritam Pal,J. (Oral) This regular second appeal by plaintiff is directed against judgment and decree dated 19.10.1995 passed by learned first appellate court whereby the appeal filed by the defendant against judgment and decree dated 18.3.1994 passed by learned trial court, was allowed and suit filed by the plaintiff for possession by way of pre-emption was dismissed. At the outset of arguments, learned counsel for the appellant submits that in view of judgment rendered in Shyam Sunder and another vs Ram Kumar and another, 2001(2) PLJ 332, the right of co-sharers has been abolished to pre-empt the sale of land in the State of Haryana by the Amendment Act dated 7.5.1995 but at the same time he contends that the suit already decreed in favour of the appellant should not have been dismissed by the first appellate court vide judgment and decree dated R. S. A. No. 2880 of 1995 (O&M) -2- 19.10.1995 inasmuch as in view of the observations contained in the aforesaid ruling the decree already passed in favour of the appellant is not effected as the amendment has been held to be not operative with retrospective effect. To this, learned counsel for the respondent has no dispute but at the same time he submits that there are other issues also which have not been dealt with by the first appellate court on merits and findings on other issues have bearing on the fate of the suit. In this view of the matter, this case deserves to be remitted back to the first appellate court, for disposal on merits, in accordance with law. Ordered accordingly. Parties are directed to appear before the first appellate court on 11.8.2008. Since the matter is very old, the first appellate court shall dispose of the appeal expeditiously preferably within four months. In the meantime, status quo with regard to possession of the land shall be maintained. ( Pritam Pal ) July 07, 2008 Judge 'dalbir'