BHAGMAL (DECEASED) THRU. LRS Vs. UOI & ORS.

JUDGEMENT

(1.) These are regular second appeals filed by the LRs Pratap Singh, Prakash Singh and Pradeep Kumar of the appellant Bhagmal (since deceased) under Section 100 CPC against the order dated 30.5.2008 passed by the learned ADJ wherein the judgment dated 1.12.2005 in Suit No.256/04/68 granting permanent injunction in favour of the appellant was set aside.

(2.) It would be pertinent here to mention that one more second appeal filed by the deceased appellant Bhagmal through another legal heir bearing No.219/2008 involving the same issue was dismissed by this court vide order dated 8.5.2013 while holding that the issues sought to be raised by the appellant before this court by way of the said appeal are essentially questions of facts which have already been adjudicated by the learned ADJ in the impugned order. Thereafter, an SLP was filed against the said order which is pending before the Hon'ble Apex Court. In the meantime, proceedings of these appeal were adjourned from time to time to await the decision in the said SLP. However, the said SLP was admitted and it was observed that the said SLP would be considered after the decision in the aforesaid three appeals is pronounced. It was also observed that the High Court should decide these appeals as expeditiously as possible. Therefore, the matter was heard. These are remaining three appeals filed by the other three legal heirs of Bhagmal.

(3.) The brief facts are that the deceased Bhagmal filed a suit for mandatory and permanent injunction claiming ownersip of the agricultural land with a share in the Shamlat of Village Arakpur Bagh Mochi, Delhi. It was averred in the plaint that region Arakpur Bagh Mochi is a combined name of two villages, namely, Arakpur and Bagh Mochi which were shown at a distance of one mile from each other in the revenue records and as such they were two different villages. It was further stated that the abadi land in Arakpur village was shown in Khasra Nos.85, 84, 90 and 92.