DEVENDRA KUMAR ARORA MOHAN LAL SHEELA DEVI MOHAN LAL Vs. ADDITIONAL DISTRICT JUDGE PRAKASH NATTHU SINGH ATARO DEVI

JUDGEMENT

(1.) Heard Sri S.S. Shukla, Advocate on behalf of the petitioners, Sri Ashutosh Mishra, Advocate on behalf of respondent No. 2 and learned Standing Counsel on behalf of respondent No. 1. Respondent No. 3, Smt. Ataro Devi, who is the wife of respondent No. 2, Sri Prakash, despite notice has not put in appearance.

(2.) The Facts giving rise to the present writ petition are that in respect of the property situated at Mohanpura, Turas Nagar, Ghaziabad, Sri Prakash/Prakash Chandra, respondent No. 2 husband of Ataro Devi, respondent No. 3 entered into an agreement with Sri Moti Ram Behal and Smt. Kusum Lata on 16th October, 1974 for sale of property in question. Since the aforesaid agreement was not performed Sri Moti Ram Behal and Smt. Kusum Lata filed Original Suit No. 213 of 1976. The said suit was decreed vide order dated 30th March, 1982 in favour of the plaintiffs. Feeling aggrieved by the aforesaid order of the trial court, Sri Prakash, respondent No. 2 filed Fist Appeal No. 221 of 1982 before this Court. During the pendency of the said appeal, on 14th November, 1983 the parties arrived at a compromise as a result whereof, the first appeal filed by respondent No. 2 was dismissed in view of the compromise dated 24th August, 1995. Smt. Ataro Devi, respondent No. 3, wife of Sri Prakash thereafter filed Suit No. 145 of 1987 against Sri Prakash for declaration that the land which had been purchased by Sri Prakash Chand was Benami, and she was the true owners of the said property in question. The said suit was decreed by the trial Court vide judgment and order dated 18th May, 1987. During the subsistence of the aforesaid decree Smt. Ataro Devi sold the land, which was subject matter of Suit No. 145 of 1987 by way of eight sale deeds to different persons including the petitioners for valuable consideration wherein the husband of Smt. Ataro Devi was one of the attesting witness. After the sale deeds have been executed in favour of the purchasers with regard to the land sold by Smt. Ataro Devi, wife of respondent No. 2 after taking full payment of consideration, an application for setting aside the ex parte judgment and decree dated 18th May, 1987 passed in Suit No. 145 of 1987 was filed by Sri Prakash, the husband of respondent No. 2 on the ground that the decree was fraudulent.

(3.) The said application was filed for the first time in the year 1999 and was registered as Misc. Case No. 134 of 1999 (Prakash Chandra v. Ataro Devi). The petitioners, who were bona fide purchasers of the land sold by Smt. Ataro Devi moved an application for impleadment as defendants in the said suit for opposing the said application of restoration filed by the husband of Smt. Ataro Devi.