CH. MUHAMMAD MASOOD JAHANGIR , J.--- Briefly , the suit instituted by respondent after full-fledged trial was dismissed by the learned trial Court on 08.02.2010. However , in appeal it was decreed by the learned appellate Court below through, judgment dated 18.07.2013, but it could not hold the field when C.R. No 1789-2013 made by present ' petitioners was allowed by this Court vide order of 27.02.2017 on the consensual statement of learned counsel for respondent/plaintif f and the appeal was remanded to learned. District Court for its re-decision in the light of evidence available on file. Then in post remand proceedings, the learned Additional District Judge through impugned judgment of 03.04.2017 further remanded the suit to the learned Civil Court while settling two more issues, which is impugned herein.
2. Haying heard, when learned counsel for the respondent was faced with the earlie r order dated 27.02.2017 of this Court as well as provisions of Order XLI, rule 25 of the Code, 1908 to apprise that in the given circumstances when entire evidence was already available on suit file, but the learned appellate Court below just to escape from the labour of appreciating the same to render an exhaustive decision diverted its responsibility by passing a mechanical remand order , which was neither permissible nor warranted, he on reconsideration under instructions of his client consented for the acceptance of petition in hand, setting aside of the impugned judgment & decree as well as remand of appeal to the learned District Court for its re-decision, which is also endorsed by learned counsel for the rivalry .
3. In view of above development, instant civil revision is allowed, impugned judgment & decree dated 03.04.2017 is set aside and as a result thereof Civil Appeal No. 62-2017 styled as "Muhammad Maalik vs. Sarfraz Ahmad, etc." will deem to be pending before learned District/Appellate Court, who will re-decide the same while keeping in mind the earlier order of this Court as well as provisions of law referred hereinabove, on the basis of evidence already available on file. The exercise so assigned shall be culminated within next four months positively . Parties to appear before the learned District Judge, Sheikhupura on 25.01.2021, who may hear the said appeal himself or entrust the same to some other competent Court of law for further proceedings.