PURUSHOTTAMDAS GUPTA Vs. SHIRISH DESHMUKH AND OTHERS

JUDGEMENT

(1.) The petitioner has filed the present writ petition being aggrieved by the order 22/02/2016, by which the application under Order 21 Rule 58, 97, 101 read with section 151 of C.P.C filed by respondent nos. 1 and 2 / defendants has been entertained and they were directed to lead evidence.

(2.) The facts of the case for disposal of this petition are as under :

(3.) The aforesaid preliminary decree was challenged before the Punjab and Hariyana High Court, Chandigarh in Regular First Appeal no. 115/2014 by the plaintiff. Vide judgment dated 19/04/1961, preliminary decree has been affirmed by dismissing the first appeal, except ordering that items of the property which the defendants have proved to be exclusive properties of the plaintiff, item no. 26 in LIST - B attached to the plaint be not operative and be given exclusively to the plaintiff. Thereafter, final decree was passed by the lower Court on 05/08/2004, which is not available in this record.