SHAHEED Vs. SAYEED AND ORS.

JUDGEMENT

(1.) By means of present Second Appeal, the plaintiff/appellant seeks to set aside the judgment and order dated 07.04.2015, passed by learned Additional District Judge, Roorkee, District Dehradun, in Civil Appeal No. 21 of 2014 (Shaheed vs. Sayeed and others), as well as the order dated 07.04.2010, passed by Civil Judge (J.D.), Roorkee, District Haridwar, whereby the Trial Court has dismissed the Suit and the Civil Appeal filed against the same has also been dismissed.

(2.) Plaintiff/appellant filed a civil suit, being O.S. No. 64 of 2005, titled as Shaheed vs. Sayeed and others, in the Court of Civil Judge (J.D.), Roorkee, for cancellation of the sale-deed dated 29.09.1999 and for seeking permanent injunction in respect of the suit property. The suit was contested by the defendants no. 1 & 2. They filed the written statement. On the basis of the pleadings of the parties, following issues were framed:

(3.) Issue no. 3 was taken up as a preliminary issue. The Trial Court, vide order dated 07.04.2010, held that the suit was barred by Order 2 Rule 2 (3) C.P.C. and hence, dismissed the suit. Aggrieved against the same, Civil Appeal No. 52 of 2010 was filed, which appeal was also dismissed by learned 2nd Additional District Judge, Haridwar vide judgment and order dated 07.04.2015. Aggrieved against the same, present Second Appeal has been preferred by the plaintiff/appellant.