SWATANTRATA DEVI Vs. IIIRD ADDITIONAL DISTRICT JUDGE DEORIA

JUDGEMENT

(1.) By way of this writ petition, the ex parte decree dated 14.9.1983 in O.S. No. 1017 of 1983, Annexure-5 and order dated 18.4.1994, passed by O.P. No. 2, Annexure-10, rejecting restoration application and appellate order dated 31.1.1985, confirming trial Court's order, Annexure-16 passed by O.P. No. 1 to the writ petition.

(2.) Facts born out from the record are inter alia. The dispute relates to plot No. 2903 area 07 acres situated in village Deoria Khas, district Deoria. The respondent No. 3 executed a sale deed in respect of the land in favour of the petitioner No. 1 on 17,4.1977. The remaining land of the said plot i.e., 0.14 acres was transferred to Ramendra Nath Rai.

(3.) The Suit No. 517 of 1971 was filed for cancellation of two sale deeds dated 17.4.1977 by Siddheshwar Mani and others, collaterals of respondent No. 3 Kapil Deo, who filed written statement admitting that the disputed property was sold by him in favour of petitioner No. 1 and Ramendra Nath Rai. The aforesaid suit was dismissed on 30.8.1982. This decree became final.