GURMUKH SINGH Vs. JANMEJA SINGH

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India read with Section 115 and Section 151 of the Code of Civil Procedure (for short 'the Code') for quashing/setting aside order dated 9.4.2010, Annexure P12, passed by learned Additional District Judge, Fatehgarh Sahib, vide which application filed by Janmeja Singh, respondent No.l under Order I Rule 10 and Order XXII Rule 10 read with Section 151 of the Code was allowed by accepting the appeal filed by him.

(2.) I have heard learned counsel for the parties and have gone through the whole record carefully including the impugned order passed by learned appellate Court.

(3.) Facts relevant for the decision of present revision petition are that Gurkesh Singh (predecessor in interest of petitioners No. 6 to 8) and others filed a suit for declaration that they are sole owners in actual and cultivating possession of the suit land and challenged the impugned order dated 15.12.1993 passed in Missal No. D.D.D.P. (II) 525 dated 14.8.1989, titled as 'Mewa Singh v. Gram Panchayat Deeva Ganduan', and impugned order of review dated 28.1.1994 and has also challenged the mutation and the revenue entries on the basis of aforesaid order and also challenged order dated 24.10.2002 in Missal No. D.D.D.P.(II) 516 dated 14.8.1989 passed by the Deputy Additional Director Panchayats, Patiala, in exercising powers of Collector under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961, (for short 'the Act 1961') alongwith relief of permanent injunction against respondent-defendant Mewa Singh. Notice of the suit was given to respondent-Mewa Singh, who appeared and filed written statement.