UPENDRA KUMAR SHARMA Vs. ANIRUDH KUMAR

JUDGEMENT

(1.) The respondent had instituted an Original Suit (O.S. No.76 of 1991, 'Anirudh Kumar Vs. Jyoti Prasad and Others'), seeking decree of partition. The present appellants were not party to the said Suit. The Trial Court passed a preliminary decree on 16/12/2000. The respondent-plaintiff was declared the owner of 1/3 share in the land bearing Khasra No.1601. Keshaw Dutt and Others, the defendants of the said original suit, had filed a Civil Appeal (No.05 of 2001) against the judgment and decree dtd. 16/12/2000. On receipt of information about the said Appeal, an Application under Order I Rule 10 of the Code of Civil Procedure, 1908 was filed by the present appellants. The said Application was dismissed by the Appellate Court and the Civil Revision, filed by the present appellants, was also dismissed by this Court.

(2.) The respondent-plaintiff had filed an Application (Miscellaneous Case No.44 of 2001) to execute the judgment dtd. 16/12/2000. The present appellants had filed an Application under Order XXI Rule 99 CPC seeking dismissal of the said Miscellaneous Case No.44 of 2001. The said Application (Miscellaneous Case No. 07 of 2017) was dismissed. The appellants had filed a Civil Appeal (No.22 of 2018) against the order dtd. 8/2/2018, by which the said Miscellaneous Case No. 07 of 2017 was dismissed. The said Appeal has been dismissed by the learned Vth Additional District Judge, Haridwar vide judgment dtd. 25/7/2023.

(3.) The present Second Appeal has been admitted on the following substantial questions of law:-