RAJ KUMAR Vs. ASHA RANI

JUDGEMENT

(1.) This revision petition has been preferred by the petitioner against the order dtd. 7/12/2015 passed by Additional District Judge, Gurdaspur, whereby application under Order 23 Rule 1 CPC filed by the plaintiffs for withdrawal of the appeal as well as the main suit with a liberty to file fresh suit on the same cause of action was allowed subject to payment of costs of Rs.2500.00.

(2.) Perusal of the record would show that initially Satpal Bhogal filed Civil Suit No.171 dtd. 3/3/1997 titled Satpal Bhogal Vs. Raj Kumar and others for permanent injunction, restraining the defendants from interfering in the peaceful possession of the plaintiff over the room marked as 'FGHI' which is part of house marked as 'ABCDEF' as was shown in the site plan. The said suit was dismissed by the trial Court vide judgment and decree dtd. 31/1/2006. An appeal was filed by Satpal Bhogal against the aforesaid judgment and decree. During pendency of the said appeal, Satpal Bhogal died on 30/12/2006 leaving behind petitioner, Asha Rani and others as his legal heirs. Respondents had withdrawn the said appeal on the basis of statement dtd. 31/10/2008. The appeal was allowed to be withdrawn by the Lower Appellate Court vide order dtd. 20/12/2008.

(3.) Respondents Asha Rani and others had filed another Civil Suit No.309 dtd. 20/10/2008 titled Asha Rani and others Vs. Raj Kumar for declaration to the effect that the plaintiffs are in possession to the extent of 6/7th share in the house marked as 'ABCD' in the site plan which is constructed in an area of 334 sq. yards in Plot No.27, Ward No.11, Dina Nagar, Tehsil and District Gurdaspur.