ASHOK PARWAT Vs. SUDARSHAN

JUDGEMENT

(1.) With the consent of parties, petition is heard finally. The petitioner has filed the present petition against the order dated 11.02.2015, 16.05.2015 and 22.07.2015, passed in C.S.No.115/2014, by Civil Judge, Class-II, Mahidpur, by which an application under Order 39 Rule 7 of the CPC has been allowed. The petitioner is further aggrieved by the findings recorded by the learned Civil Judge that the respondent No.1 is in possession of the suit property.

(2.) The facts of the case are as under: The present respondent No.1, being plaintiff, has filed a suit against respondent No.2 and the State of Madhyra Pradesh for declaration of his right to half share in the property bearing Survey No.390 (Area 1.69 Acre). The claim of the respondent No.1 is based on his adoption by the husband of respondent No.2. By way of written statement, respondent No.2 has denied this averment and stated that she is the sole heir of her husband and further stated that she has already sold the suit land to the present petitioner by registered sale deed dated 28.06.2014.

(3.) On account of the aforesaid pleading about the sale, the petitioner was impleaded as defendant No.4 in the pending suit vide order dated 24.09.2014. After notice, the petitioner entered his appearance and filed written statement and stated that by virtue of sale deed dated 28.06.2014, his name has been mutated in the revenue records and pleaded that he is in possession over the suit land.