GAYATRI PANDEY Vs. MADAN LAL

JUDGEMENT

(1.) Heard Shri Santosh Kumar Tripathi, learned counsel for the petitioners, who have instituted the instant petition assailing the order dtd. 20/9/2022 passed by the Civil Judge (Junior Division), Gonda in Regular Suit No. 120/1982, whereby an application moved by the private-respondents for substitution alongwith an application for condonation of delay which has been allowed. The petitioners being aggrieved preferred a civil revision against the said order which has been dismissed by the order dtd. 27/10/2023 passed by the Additional District Judge, Court No. 2, Gonda in Civil Revision No. 90/2022.

(2.) The submission of the learned counsel for the petitioners is that the original-plaintiff Munna Lal (who died during pendency of the suit) and is now represented by his legal heirs, who are the private-respondents herein instituted a suit for cancellation of the sale-deed and injunction against Triloki Nath the original-defendant No. 1 and Raj Kumar Pandey the original-defendant No. 2.

(3.) The controversy which was raised in the plaint was that the original-plaintiff claimed rights over the property in question on the basis of adverse possession and he assailed the sale-deed which was executed by Triloki Nath the original-defendant No. 1 in favour of Raj Kumar Pandey the original-defendant No. 2 and the suit was registered as R.S. No. 120/1982.