LAWS(P&H)-2013-1-421

SUSHIL KUMAR Vs. SMT. BIMLA DEVI AND OTHERS

Decided On January 15, 2013
SUSHIL KUMAR Appellant
V/S
Smt. Bimla Devi And Others Respondents

JUDGEMENT

(1.) As identical questions of law & facts are involved, therefore, I propose to decide the indicated three revision petitions, arising out of the similar impugned orders, by virtue of this common judgment, in order to avoid the repetition.

(2.) The epitome of the facts & material, culminating in the commencement, relevant for deciding the instant revision-petitions and emanating from the record, is that initially, respondent-plaintiffs Bimla Devi daughter of Smt. Bhagwanti and others (for brevity "the plaintiffs") have instituted the civil suit (Annexure P1) against petitioner-defendant No. 1 Sushil Kumar, adopted son of Jai Lal and others (for short "the defendants"), for a decree of declaration to the effect that the judgment & decree dated 24.3.1977 and mutation, bearing Nos. 3820 and 3867, sanctioned in favour of defendant No. 1, pertaining to the land in dispute, are illegal, null, void and not binding on their (plaintiffs) rights along with an application for ad interim injunction under Order 39 Rules 1 & 2 read with Sec. 151 CPC.

(3.) Sequelly, petitioner-defendant No. 1 contested the suit and stay application, filed written statement (Annexure P2), stoutly denied all the allegations contained in the plaint (Annexure P1) and prayed for its dismissal.