BHAIRAVENDRA KUMAR Vs. VTH ADDITIONAL DISTRICT JUDGE VARANASI

JUDGEMENT

(1.) -By this petition, the petitioner has challenged the order dated 15.1.2001, passed by Vth Additional District Judge, Varanasi contained in Annexure-6 of the writ petition, whereby misc. appeal filed by the petitioner has been dismissed as abated in its entirety.

(2.) THE brief facts leading to the case are that the petitioner filed Suit No. 375 of 1981 in the Court of Civil Judge, Varanasi for cancellation and declaration that sale deed dated 14th September, 1979 registered on 16th October, 1979 alleged to have been executed by Rajesh Kumar Agrawal son of the petitioner in favour of defendant Nos. 1 and 2 in respect of half share in house No. CK-16/45-46 Sewak Ram Sadawarti Gali, Varanasi for a sum of Rs. 48,000 is absolutely null and void and invalid and defendant Nos. 1 and 2 do not get any right or title of any kind in the half portion of the said house in question and information of the said fact be sent to the Registrar, Varanasi.

(3.) AGAINST the aforesaid application the plaintiff petitioner filed Paper No. 20 Kha on 29.11.2000 for substitution of heirs of deceased Smt. Shrimani Devi respondent No. 4 in the said appeal supported by an affidavit. Later on an application under Section 5 of the Limitation Act supported by an affidavit was also filed for condoning the delay in filing substitution application on 1.12.2000 for substituting the heirs and legal representatives of Smt. Shrimani Devi who was impleaded as proforma respondent No. 4 in said misc. appeal. The respondent Nos. 2 and 3 here in this petition, who are defendant Nos. 1 and 2 in the suit, filed objection against the said substitution application. The aforesaid applications and affidavits are on record as Annexures-1, 2, 3, 4 and 5 of the writ petition. Thereafter Vth Additional District Judge, Varanasi rejected the application for substitution of heirs of deceased Smt. Shrimani Devi respondent No. 4 and also dismissed the entire appeal as abated vide impugned order dated 15.1.2001. The impugned order is on record as Annexure-6 of the writ petition. Thereafter the petitioner filed review application but the same was dismissed as not pressed, as the instant writ petition is filed challenging the said order.