NEETA Vs. SHIV DAYAL KAPOOR AND OTHERS

JUDGEMENT

(1.) Instant civil revision has been filed under Art. 227 of the Constitution of India for setting aside the order dated 29.11.2011 passed by learned Civil Judge (Jr. Divn.), Faridabad whereby application under Sec. 10 Code of Civil Procedure moved by respondent no.1-plaintiff has been allowed and the case has been adjourned sine die till further orders.

(2.) It is not necessary to narrate the facts in details. Suffice is to say that respondent no.1 filed suit for declaration and mandatory injunction for declaring himself to be owner in possession of House No.1435, Sector-7E, Faridabad. Parties have led the evidence. During the pendency of suit, respondent no.1 moved application for adjourning the case sine die on the ground that the Will in question was got ordered to be probated from the Lok Adalat by defendant no.3 i.e. the propounder of said Will in illegal and irregular manner and the proceedings have been stayed by the High Court. The petitioner filed reply to the said application and averred that issues involved in the suit are altogether different from the questions of law raised in the Writ Petition vide which the decision of Lok Adalat has been challenged for non-joinder of parties. Vide impugned order dated 29.11.2011 (Annexure P-1), the trial Court has allowed the said application and the case has been adjourned sine die till further orders.

(3.) I have heard learned counsel for the parties and perused the record.