AJAY BAHADUR ARORA Vs. RASHMI HANDA & OTHERS

JUDGEMENT

(1.) This is a defendant's writ petition. The petitioner in this present writ petition has sought the relief for quashing the order dated 6. 12. 2017 as passed by the III Additional District Judge, Dehradun in Civil Revision No. 163/2015 "Ajay Bahadur V/s Rashmi Handa", as well as part of the judgment/order dated 30. 9. 2015 as passed by III Additional Civil Judge (S. D. ) Dehradun in O. S. No. 414/1993 "Vipin Handa V/s Rao Rani Priya Kumari", so far it relates to refusing to accept the plea of defendant/petitioner for dismissing the suit having being abated as a whole and further also against an observation made in the impugned order to the effect that the cause of action as against the other defendants No. 2 and 3 i. e. the petitioner will survive and will not come to an end with the death of defendant No. 1, or due to the non substitution of heirs of defendant No. 1.

(2.) The brief facts leading to filing of the present writ petition are that there happens to be a property called and more particularly described in the municipal records as Plot no. 174, Block A, measuring 500 sq. yd situated at Rajendra Nagar Colony Kaulagarh Road, Dehradun Mauza Chaibagh, District Dehrdaun forming part of Khasra Plot no. 20-M measuring 0. 11 acres i. e. equivalent to 0. 045 hectares. and the construction existing thereof, it is said to have been bounded, in the North by a 20 feet wide road, in South lies Plot no. 173, in East Plot no. 175 and in West by 20 feet vide road (herein after to be referred as "the property in dispute")

(3.) The plaintiff, respondent nos. 1 to 5 had instituted a Suit on 15. 6. 1993 before the Civil Judge, Dehradun, registered as Suit no. 414/1993 "Vipin Handa and others V/s Smt. Rao Rani Priya Kumari and others" for the following relief:-