AMBA PRASAD ATREY Vs. DISTRICT JUDGE, DEHRADUN

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the record.

(2.) INSTANT petition has been filed by the petitioners challenging the order dated 22.12.2006 passed by Civil Judge (Jr. Div.), Rishikesh, District Dehradun as well as the order dated 18.01.2007 passed by District Judge, Dehradun.

(3.) IN the year 2002, the plaintiffs/respondents instituted Suit No. 762 of 2002 'Dharamshala Shambhubara Trust and other vs. Amba Prasad Atrey and others in respect of the property situate at Ghat Road, Rishikesh, District Dehradun for eviction of the defendants/petitioners and respondent no.10 from the property in question. The defendants/petitioners moved an application (paper no. 73 c/2) alongwith counter claim (paper no. 74 c/2) claiming their ownership over the property in question. The said application was rejected with the observation to file separate suit. The order passed by the Civil Judge (Sr. Div.), Dehradun was upheld by the High Court. Thereafter, the defendants/petitioners filed another Suit No. 467 of 2006 'Amba Prasad Atrey and others vs. Dharamshala Shambhubara Trust and others before the Civil Judge (Sr. Div.), Dehradun for declaration of their ownership over the property in dispute. The defendants/petitioners also filed 57 certified copies of various documents, procured by them from O.S. No. 467 of 2006 as well as from Nagar Palika, Rishikesh, District Dehradun alongwith an application (paper no. 100 c/2) in Original Suit No. 762 of 2002 'Dharamshala Shambhubara Trust and other vs. Amba Prasad Atrey and others. Against the said application, objection was filed by the plaintiffs/respondents. The Civil Judge (Jr. Div.), Rishikesh rejected the application of the defendants/ petitioners bearing paper no. 100 c/2 vide order dated 22.12.2006. Thereafter, Civil Revision No. 12 of 2006 was preferred by the defendants/petitioners, which was dismissed by the learned District Judge, Dehradun vide order dated 18.01.2007. Aggrieved by the said orders, instant petition has been filed by the defendants/petitioners.