DEVENDRA KHATRI Vs. SHIV KUMAR

JUDGEMENT

(1.) Petitioners have challenged the order dated 15.01.2019 passed by Civil Judge (J.D.), Haridwar in Miscellaneous Case No. 26 of 2018 and also the judgment and order dated 16.04.2019 passed by learned In-charge District Judge, Haridwar in Civil Revision No. 189 of 2019.

(2.) Respondent Nos. 1 and 2 along with three other persons filed an original suit in the year 1972 against Sardar Dalip Singh asserting that they are owners in possession of the disputed land shown at the foot of the plaint comprised in Khasra No. 2772 of Village Ahmadpur Mahalger Daiyan. The relief sought in the suit was for perpetual injunction and in the alternative for possession. The said suit was registered as Original Suit No. 12 of 1972. Learned Munsif, Roorkee decreed the suit vide judgment dated 15.12.1980. Sardar Dalip Singh (defendant) challenged the judgment and decree passed by learned trial court by filing Civil Appeal No. 6 of 1981, which was allowed by learned Civil Judge, Roorkee vide judgment dated 06.10.1983 and the judgment and decree passed by learned trial court was set aside. Against the said judgment plaintiffs preferred Second Appeal No. 1486 of 2001 (Old No. 3206/1983), which was allowed by co-ordinate Bench of this Court vide judgment dated 17.07.2007. Operative portion of the said judgment is extracted below:-

(3.) Since the defendant in the suit had contended that the land in suit is not identifiable and the first appeal, filed by him, was allowed on this ground, therefore, the co-ordinate Bench of this Court dealt with this aspect in para 8 and 9 of the judgment dated 17.07.2007 passed in SA No. 1486 of 2001, which are extracted below:-