KESHAV SANGHI Vs. MANOJ KUMAR SHARMA

JUDGEMENT

(1.) Present revision petition has been directed against the order dtd. 6/9/2022 (Annexure P-9), passed by the Court of Additional Civil Judge (Senior Division), Narnaul, whereby review application, under Order XLVII Rule 1 read with Sec. 151 CPC, filed by respondent No. 1/plaintiff, seeking review of the order dtd. 9/3/2022 (Annexure P-6), was partly allowed enabling respondent No. 1/plaintiff to lead additional evidence to the extent of examining the vendors, who executed the sale deed (Ex. PW-6/A) in favour of defendants/petitioners.

(2.) Factual matrix of the case is that respondent No. 1/plaintiff -Manoj Kumar Sharma instituted a suit for permanent injunction against (i) Keshav Sanghi, (ii) Deepak Sanghi, (iii) Smt. Neeru Sanghi and (iv) Gopal Krishan Sanghi, claiming that the suit property is comprised in Khasra No. 6189 of the town plan register and site plan of the Municipal Council, Narnaul. It is further averred that his father Shri Ratiram Sharma son of Phool Chand Sharma, was owner of the suit property and used to reside there with his family. After sometime, Shri Ratiram Sharma had shifted to Bhiwani and subsequently expired on 25/11/2009. Thus, it is claimed that after death of Shri Ratiram Sharma, respondent No. 1/plaintiff and his family members are in exclusive possession of the suit property and the defendants have no right, title or interest over the suit property. It has also been averred in the plaint that since the suit property was in dilapidated condition, plaintiff demolished the same and after construction of a boundary wall, got installed a gate. When plaintiff was cleaning the property after demolition, defendants came to the spot and started quarrelling with him. When plaintiff stated that it is his ancestral property, defendants did not listen to him and started threatening him. Hence, the suit for restraining the defendants from interfering in ownership and possession of the plaintiff, over the suit property was filed.

(3.) In the written statement, defendants (petitioners herein) took a specific stand that suit property was purchased by them vide Sale Deed No. 2835, dtd. 21/6/2017, from Laxminarayan son of Ganeshilal Sharma son of Shivlal, and Opender Kumar Sharma son of Kishori Lal Sharma son of Ganeshi Lal Sharma, for a sum of Rs.12,71,000.00, and since the date of purchase, they are in possession of the suit property. It was further contended by the defendants that after purchasing the suit property, they demolished the old construction and constructed a boundary wall thereon, apart from installing two gates over there.