LAWS(UTN)-2019-5-66

AGRA DIOCESAN TRUST ASSOCIATION Vs. ANIL DAVID

Decided On May 27, 2019
Agra Diocesan Trust Association Appellant
V/S
Anil David Respondents

JUDGEMENT

(1.) By means of aforementioned writ petitions, the petitioner(s) seek quashing of the impugned judgment and order dated 23.04.2016, passed by the Addl. District Judge, Vikasnagar, Dehradun, in Suit no. 24 of 2013 as well as in Suit no. 25 of 2013, both titled as Agra Diocesan Trust Association vs Anil David and others, whereby issue nos. 8 and 9 were decided against the petitioner / plaintiff.

(2.) Since common questions of law and facts are involved in the aforementioned writ petitions, therefore, the same are taken up together and are being decided by this common judgment for the sake of brevity and convenience.

(3.) Briefly put, facts of the case are that the petitioner / plaintiff filed a suit, being O.S. no. 24 of 2013, titled as Agra Diocesan Trust Association vs Anil David and others, in the court of Civil Judge (Senior Division), Dehradun for cancellation of sale deed dated 08.03.2013 executed by respondent no. 1 in favour of respondent no. 3. Another suit, being O.S. no. 25 of 2013, also titled as Agra Diocesan Trust Association vs Anil David and others, was filed by the petitioner / plaintiff for cancellation of sale deed dated 08.03.2013 executed by respondent nos. 1 and 2 in favour of respondent no. 3. A further relief has been sought for granting permanent injunction against the respondents / defendants restraining them from interfering in the peaceful possession of the plaintiff over the property in dispute.