RAJESH KUMAR Vs. RAKESH KUMAR

JUDGEMENT

(1.) THIS civil revision has been filed under section 115 of the civil Procedure Code being aggrieved by the order dated 2-2-2005 passed by 3rd civil Judge Class II, Narsinghpur in Civil Suit No. 18a/04 whereby the application filed by respondent No. 1 has been rejected.

(2.) THE applicant instituted a civil suit for declaration of title regarding the disputed land situated at Mouja Kandeli and Khamaria and also for the decree of issuance of permanent injunction against respondent No. 1 for not to interfere in his peaceful possession and also to restrain him not to alienate the same.

(3.) THE respondent No. 1 submitted the written statement denying the most of the averments made in the plaint. The issues were framed. The evidence was being recorded. During the course of trial, the applicant and respondent No. 1 filed the compromise petition on 9-9-2004. Their statements were recorded on the same day. After hearing the arguments, the case was posted for orders on 11-9-2004 but the order could not be passed on that day. The case was adjourned for 27-9-2004. In the meantime, on 23-9-2004, the respondent No. 1 filed an application for cancellation of the compromise petition.