SUKH RAM S/O SHRI GANGARAM Vs. VIDHYAVATI

JUDGEMENT

(1.) WITH the consent of learned counsel appearing for the parties, present petition is being taken up and is being disposed of finally at the admission stage. Plaintiff appellant/petitioner herein filed civil suit before the Civil Judge, Vikas Nagar, being O.S. No. 102 of 2005, seeking permanent prohibitory injunction restraining the defendant/respondent No.1 herein not to make any interference in the possession of the plaintiff/ petitioner herein. In a suit so filed, defendant/ respondent No.1 herein preferred counter claim seeking possession from the plaintiff saying plaintiff is in the possession of the property as encroacher. Learned Trial Court, vide judgment and decree dated 20.01.2009, was pleased to dismiss the suit filed by the plaintiff/ petitioner herein seeking permanent prohibitory injunction. However, was further pleased to decree the counter claim preferred by the defendant/respondent No.1 herein directing the plaintiff/petitioner to hand over peaceful vacant possession to the defendant respondent No.1 herein. Feeling aggrieved plaintiff/ petitioner herein preferred Civil Appeal No. 12 of 2009 in the Court of Additional District Judge, Vikas Nagar, District Dehradun. During the pendency of the appeal, defendant/respondent No.1 herein moved an application under Order 41 Rule 27 of the C.P.C. seeking permission to place on record certified copies of the judgment rendered by Criminal Court wherein plaintiff/appellant was held to be encroacher over the property in question.

(2.) APPLICATION so moved under Order 41 Rule 27 of the C.P.C. by the defendant/respondent No.1 herein was allowed by the Appellant Court vide order dated 18.09.2013. While allowing the application so moved by the defendant respondents herein, learned Appellate Court has specifically observed that plaintiff/appellant/ petitioner herein would be at liberty to place on records evidence in rebuttal to the evidence permitted by the Appellate Court to be filed by the defendant/respondent No.1 herein. Plaintiff/appellant petitioner herein thereafter filed certain documents before the Appellate Court viz. allotment order, electricity bill, voter list, ration card and proceedings of dissolution of marriage.

(3.) DEFENDANT /respondent No.1 herein moved application 65C2 requesting the Appellate Court to reject the evidence so filed by the plaintiff/petitioner saying same are not in rebuttal to the evidence of the defendant/ respondent No.1. Learned Appellate Court, vide impugned order dated 16.01.2014, was pleased to allow the application and was pleased to reject the evidence produced by the appellant/petitioner herein. Feeling aggrieved, appellant/petitioner herein has invoked supervisory jurisdiction of this Court under Article 227 of the Constitution of India by way of present petition.