RAM LAKHAN Vs. ASHWANI KUMAR & 2 OTHERS

JUDGEMENT

(1.) Second Appeal No. 873/2015 was dismissed under Order-41, Rule-11 CPC by order dated 12.10.2015 of this Court. Against the said order present Review Application has been filed by the the appellant.

(2.) The Original Suit no. 138/2015 (Ram Lakhan Vs. Ashwani Kumar & another) was filed for the relief of permanent injunction on the basis of ownership and possession of disputed property claiming that plaintiff is owner in possession of disputed property, and the defendant-respondents have no right or title over said property of Abadi land, therefore, they be restrained by means of permanent injunction.

(3.) Said suit was decreed by the judgment dated 31.8.2013 passed by Additional Civil Judge (J.D.) Third, Bhadohi at Gyanpur. Against said judgment, the defendants had filed two separate Civil Appeals no. 74/2013 (Deena Nath Vs. Aswhwani & others) and no. 75/2013 (Ashwani Vs. Ram Lakhan & others). Both the appeals were consolidated, and after affording opportunity of hearing to parties, were decided by one judgment dated 17.9.2015 of Additional District Judge, Court No.-2, Bhadohi at Gyanpur, by which these appeals were allowed and the judgment of trial court dated 31.8.2013 was set aside, and original suit was dismissed. Then plaintiff of original suit had preferred Second Appeal no. 873/2013 (Ram Lakhan Vs. Ashwani Kumar and others) challenging the judgment dated 17.9.2015 of the first appellate court. In said second appeal, this court had afforded opportunity of hearing to the parties and thereafter passed judgment dated 12.10.2015, by which second appeal was dismissed. Against said judgment of this Court in said second appeal, present review application has been moved by appellant of second appeal (plaintiff of original suit).