LAXMI NARAIN Vs. BRIJ BHUSHAN

JUDGEMENT

(1.) The impleadment application of Shri Ram Gopal Verma and Shri Shiv Shanker Verma as appellant Nos.5 and 6 was allowed by this Court on 5.8.2003. The impleadment has been carried out.

(2.) A compromise application under Order XIII Rule 3 Code of Civil Procedure of the claim regarding the share of, and as far as Shri Laxmi Nath and Shri Padmnath (respondent Nos.1/2 and 1/3) verified by the Registrar General of this Court date 23.9.2003 is pending. The application encloses the affidavits of Laxmi Nath and Shri Padamnath both sons of late Brij Bhushan stating that they have no concern with the house in dispute.The application is allowed. Both these applicants shall be treated to have given up their claims as against the appellants.

(3.) The dispute relates to house No.46/35 and 46/36 Mohalla Manihari Tola, Dashashwamedh Ward, Varanasi. The upper portion of the house No.46/35 has fallen down. House No. 46/36 has three floors. The first and second floors of this house was vacated by Shri Sheo Sahai Ojha in favour of the appellants Laxmi Narain and others in pursuance to a release order passed by Asstt. Rent Control and Eviction Officer, Varanasi on which these floors were occupied by the appellants.