VIKAM SINGH Vs. KULVENDRA SINGH & ANOTHER

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks writ in the nature of certiorari quashing the impugned order dated 15.05.2017, passed by III Addl. District Judge, Dehradun, in civil appeal no. 67 of 2016, and further to confirm the order dated 30.07.2016, passed by the learned trial court in Original Suit no. 352 of 2016.

(2.) Plaintiff (respondent no. 1) filed a civil suit against the defendant no. 1 (petitioner herein) and another in the court of Civil Judge (Jr. Div.), Dehradun for a decree of declaration that the gift deed dated 13.06.1958 be declared null & void and non est. A decree of permanent prohibitory injunction was also sought restraining defendant no. 1 from creating third party right in respect of the land in question. An application under Order 39 Rules 1&2 CPC was also filed along with the same. The trial court on having came to the conclusion that the plaintiff-respondent no. 1 has no prima facie case, dismissed his application under Order 39 Rules 1&2 CPC, vide order dated 30.07.2016. It was held in para 13 of the judgment of the trial court that defendant no. 1 petitioner is in possession of the disputed land since 1958.

(3.) Aggrieved against such a decision, plaintiff-respondent no. 1 filed a misc. civil appeal, which was allowed in part. The order dated 30.07.2016, passed by the trial court, was set aside. A direction was given to the defendant no. 1-petitioner not to create third party interest in the suit property. Hence, present writ petition.