MANGILAL AND OTHERS Vs. RADHESHYAM AND OTHERS

JUDGEMENT

(1.) This application is filed under section 151 of CPC under Order 41 Rule 19 of CPC for inclusion of name of applicant Mangilal S/o Late Nathuuji Patel and Mahadev S/o Late Nathhuji Patel as legal representatives of the deceased, respondent No.1 in Second Appeal No.710/2008, which has already been disposed of vide order dated 01.08.2014 by this Court.

(2.) The present applicants claim to be legal representatives of respondent No.1 - Meesar Bai W/o Nathuji.

(3.) The brief facts are that Second Appeal No.710/2008 was filed by the appellant aggrieved by the judgment and decree dated th 01.08.2008 passed by 4 Additional District Judge (Fast track) Dhar in Civil Regular Appeal No.27-A/1995 affirming the judgment and decree dated 04.12.1982 of Civil Judge, Class - II, Dharampuri, passed in Civil Suit No.31-A/1979 whereby, the suit filed by the plaintiff seeking decree of possession has been decreed. In the Civil Suit, plaintiff Meesar Bai and Rameshwar jointly filed a suit against the defendants / appellants before this Court for possession claiming that they were allowed to enter into the suit property as licencee, however, inspite of demand made by the plaintiffs, possession was not delivered back by the defendants. The defendants contended the suit on the ground that they were in possession of the suit property Survey No.240 area 0.025 hectare situated at village Dhamnod, Tappa Dharampuri, District - Dhar not as a licencee but, by virtue of adverse possession and that they had acquired the title thereof by virtue of adverse possession.