SUBHASH KHANDELWAL Vs. BHARAT KUMAR KANGYA & OTHERS

JUDGEMENT

(1.) By invoking the jurisdiction of this Court under Article 227 of the Constitution, the petitioner/defendant has challenged the order dated 10.7.2013 passed in Case No. 4A/04x05 by the trial Court, Shivpuri. By impugned order, the petitioner's applications preferred under Section 65 of the Evidence Act and under Order 18 Rule 2(4) C.P.C. are rejected.

(2.) The respondent No.1/plaintiff filed a civil suit for declaration and injunction along with a prayer for restoration of possession against respondent No.2. The suit was decreed by judgment and decree dated 18.11.2004 which was affirmed in Civil Appeal No. 137A/04 on 17.3.2005. The Second Appeal No. 487/05 filed by respondent No.2 was also dismissed on 29.12.2012.

(3.) The present petitioner during the pendency of Second Appeal 487/05 allegedly purchased the suit property from one Smt.Munni Devi. In execution proceeding, an application was preferred under Order 21 Rule 97 C.P.C. wherein it is contended that earlier property was owned by Kamla Bai and after her death Munni Devi was recorded as owner in the Municipal record. It is prayed that the question of title of the property be decided first.