9911796707
|
Home
Issues involved: Interpretation of the finality of an order made by the Chief Settlement Commissioner in a civil proceeding.
Summary: The single Judge referred a question regarding the finality of an order made by the Chief Settlement Commissioner to the Division Bench. The Division Bench held that the order was not final and binding in the civil proceeding, allowing the Civil Court to determine encroachment on the property. However, the Division Bench erred in not sending the matter back to the single Judge after deciding the question of law. The Supreme Court allowed the appeal, set aside the Division Bench's order, and directed the single Judge to dispose of the Second Appeal in accordance with the law, without being influenced by the Division Bench's observations on merits. The single Judge was instructed to consider whether any portion of the property conveyed to the appellant was illegally in the possession of the respondents. No costs were awarded for the appeal.
|
