SUNITA SHARMA Vs. OM PRAKASH SHARMA

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution of India against the order dtd. 21/4/2022 passed by the Trial Court in MISC. DJ 559/2017 arising out of Civil Suit No. 12767/2026, titled as, 'Om Prakash Sharma vs. Sunita Sharma Sharma'.

(2.) Petitioners are the defendants before the learned Trial Court in the civil suit for partition, possession and declaration filed by the respondent No. 1. The limited point of contention in the present petition relates to the order dtd. 21/4/2022, passed by the Trial Court, whereby the suit filed by respondent No. 1 has been restored to its original number.

(3.) By order dtd. 30/8/2017, the suit was dismissed as withdrawn by respondent No. 1 with liberty to file a separate suit on the same cause of action in the event the petitioners (defendants in the Trial Court) fail to make the payment in accordance with the terms of compromise. The respective statements of the petitioners and the respondents were recorded before passing the aforesaid order.