ASHOK KUMAR Vs. ADDL DISTRICT JUDGE

JUDGEMENT

(1.) THE challenge in this writ petition is to the order dated 16.1.2004 passed by the Additional District Judge/I FTC, Dehradun in Criminal Revision No. 38/2003. That revision was accepted by learned Judge whereby the order of Additional Sub Divisional Magistrate, Dehradun dated 3.6.2003 in case No. 1/2003 Narendra Singh v. Ashok and Ors. pertaining to PS Doiwala was set aside by the Additional Sessions Judge, Dehradun.

(2.) THE dispute pertains to the agricultural land bearing khasra No. 691, 692 located in village Kurkewala and khasra No. 955 located in village Madhowala, Pargana Parvadoon, District & Tehsil Dehradun ad measuring 0.60 acre and 4.79 acre in the respective villages. It appears that this land once owned by Jeevan Ram who died on 24.4.1994. He had three sons Ashok Kumar, Vikram Singh and Narendra Singh. During his lifetime, he made a division of his above land through Will executed on 3.7.1986 as modified on 26.5.1987 and divided the same among his two sons Ashok Kumar and Vikram Singh while depriving Narendra Singh (3rd Son) from the same. The share of Narendra Singh was given to his sons Nagendra and Nitin because in the opinion of Jeevan Ram, the habits of Narendra Singh were not ideal and in his opinion his life style might detrimental to preserve the heritage.

(3.) AN appeal No. 26/98 was preferred against that judgment and order of the Civil Judge and the same was allowed on dated 1.8.2005 setting aside the judgment and order dated 2.4.1998 of the Civil Judge and the learned appellate court was of the view that there was No. cause of action arose to Nagendra and Nitin and the suit in fact was instituted by Narendra Singh making his minor sons Nagendra and Nitin stand in the front just to harass the Defendants Ashok Kumar and Vikram Singh.