JIYA LAL Vs. CHHOTEY SINGH

JUDGEMENT

(1.) Heard Plaintiff-appellant no.1/2 Santosh Kumar (in person) and Shri Pradeep Kumar (Senior Counsel), assisted by Shri Onkarnath Vishwakarma, learned counsel for the heirs and legal representatives of deceased defendant-respondent No.1 and subsequently impleaded respondent no.3 (Baba Lal Ji/Yogi Raj). Defendant-respondent No.2 died issueless, as per order of this court dtd. 17/5/2022.

(2.) It is apposite to mention that, by separate order dtd. 17/5/2022, instant second appeal was ordered to be clubbed with Writ-B No. 55684 of 2017. Having considered the status of both the matter being clubbed together, which belongs to different rosters of this court, Hon'ble the Chief Justice, vide order dtd. 10/2/2025, has directed both the aforesaid matters to be placed before this Court. Thus, both the matters are heard and decided by separate orders.

(3.) Plantiff-appellant has preferred the instant second appeal assailing the judgment and decree dtd. 6/9/2005 passed by Additional District and Sessions Judge, Fast Track Court No.1, Etawah in Civil Appeal No. 34 of 1998 (Jiyalal and Others Vs. Chhotey Singh and Another), affirming the judgment and decree dtd. 27/2/1998 passed by First Addl. Civil Judge (J.D.) Etawah in Original Suit No. 335 of 1987, Jiyalal (plaintiff) Vs. Chhotey Singh and Others (defendants). Both the courts below have concurrently dismissed the suit filed on behalf of plaintiff-appellant.