KAILASHPATI DEVI Vs. JAMUNA PRASAD JAISWAL

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the contesting respondents as well as learned Standing Counsel.

(2.) By this petition, the petitioners have challenged the judgment and order dated 9.3.2005 passed by the Civil Judge (Junior Division), Gorakhpur, in Original Suit No. 1173 of 1999 contained in annexure no. 4 to the writ petition, whereby the amendment application dated 16.3.2002 filed by the plaintiff-respondents has been allowed and the order dated 29.11.2005 passed by the Additional District Judge, Gorakhpur, whereby Civil Revision No. 107 of 2005 of defendants-petitioners has been dismissed.

(3.) The relevant facts of the case in brief are that respondent no.1 Jamuna Prasad Jaisawal, late Basudev son of late Ramagya Prasad and Sadho Saran (respondent no.5 ) son of late Ramagya Prasad, have instituted a suit against petitioner no.1. Smt. Kailaspati Devi, petitioner no.2 Pingal Prasad son of Ram Dularey and one Shri Pramod respondent no. 6, claiming relief of possession over the house detailed at the foot note of the plaint. Further relief claimed was that the petitioners/defendants may be directed to give a sum of Rs. 425/- and defendants no. 2 and 3 may be directed to pay Rs. 30/- and Rs. 20/- per month respectively from the date of filing of suit till the date of handing over possession of house to the plaintiff respondents. In the said suit, Jamuna Prasad respondent no.1 was arrayed as plaintiff no.1, late Basu Dev son of late Ramagya Prasad as plaintiff no. 2 and Sadho Saran son of late Ramagya Prasad /respondents no. 5 was arrayed as plaintiff no.3. Smt. Kailashpati Devi wife of Pingal Prasad ( petitioner no.1) arrayed as defendant no.1 Pingal Prasad son of Ram Dularey ( petitioner no.2) as defendant no.2 and Pramod ( Respondent no. 6 as defendant no.3 in the suit.