DHOOP SINGH Vs. RAM KISHAN AND ANOTHER

JUDGEMENT

(1.) Challenge, herein, the revision is to the order dated 20.10.2012 passed by the Civil Judge (Junior Division), Dadri, whereby, application under Order 6 Rule 17 CPC of the respondent No.1, herein, was allowed.

(2.) Respondent No.1 instituted civil suit No.410 on 31.01.2009 against petitioner and proforma respondent No.2 for permanent injunction seeking to restrain the petitioner from making any construction in the suit land more fully described in the cause title of the plaint.

(3.) Petitioner who is the defendant before the trial court filed written statement averring, therein, that Darshana Devi respondent No.2 was not a co-sharer in Khewat No.217 and respondent No.1 (Ram Kishan) was a co-sharer along with him. It was further averred that Darshana Devi was a co-sharer in land measuring 3 kanals 14 marlas in Khewat No.47, but respondent No.1 had no concern with it. It was further averred that the co-sharers have sold the property that had been partitioned and vendees have built up their houses on their respective shares. Consequently, prayer for dismissal of suit was, thus, made.