RAM SINGH Vs. GAUSHALA PATIALA

JUDGEMENT

(1.) RAM Singh -petitioner/defendant No. 1 has filed this civil revision petition against Gaushala Patiala -respondent/plaintiff and Darshan Singh etc. respondents/defendants No. 2 to 4 under Article 227 of the Constitution of India for quashing the impugned order dated 4.8.2012 (Annexure -P.6) passed by the learned Civil Judge (Junior Division), Patiala, vide which the application filed by the petitioner under Order 7 Rule 11 C.P.C. has been dismissed.

(2.) IT is mainly stated in the petition that the petitioner filed suit No. 156 -T/106 of 23.5.2005 for possession by way of redemption of land comprised in Khewat/Khatoni No. 9/136 bearing Khasra No. 224 (2 -19), 225 (6 -13) measuring 9 Bigha 12 Biswa situated at Village Sullar Tehsil and District Patiala. In the above suit Mahant Sanjiv Dass Hari Chela Shiv Narain Dass, President/Manager, Gaushala Patiala appeared in witness box and his statement was recorded. The above suit of the petitioner was decreed by the learned Additional Civil Judge (Senior Division), Patiala, vide judgment and decree dated 2.6.2007 and decree for possession by way of redemption of mortgaged suit property was passed in favour of the petitioner and suit land stands redeemed. After 3 years respondent No. 1/Gaushala Patiala filed the present suit No. 477 -T/9.12.10/21.5.12 for declaration to the effect that the plaintiff society became owner in possession of the land by efflux of time and for declaration that civil Court decree dated 2.6.2007 is illegal, null and void and for permanent injunction restraining defendant No. 1/petitioner from interfering in possession of the plaintiff/respondent No. 1 herein.

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