GHULLA SINGH Vs. AMARJIT SINGH

JUDGEMENT

(1.) Petitioners have challenged the order dated 22.11.2018 passed by the Addl. District Judge, Sri Muktsar Sahib vide which the order dated 15.02.2017 passed by the Civil Judge (Jr. Divn.) Gidderbaha was set aside and the application under Order 39 Rules 1 and 2 was dismissed.

(2.) The core issue between the parties is with regard to the status of defendant/respondent in the suit. Plaintiffs claimed themselves to be co-owners in the suit property and defendant has no concern with the ownership and possession of the suit land. One of the brother of the plaintiff namely Amar Singh died issueless. Defendant claimed himself to be adopted son of Amar Singh and got entered mutation No.17318. The said mutation was challenged by Gurdev Kaur, daughter of Sahib Singh. The mutation was declared to be as contested mutation.

(3.) Learned counsel for the petitioners stated that the order dated 08.09.2017 passed by the Assistant Collector Ist Grade has already been set aside by the Collector, Sri Muktsar Sahib vide order dated 06.04.2018 and the mutation No.17318 in respect of inheritance of Amar Singh has been adjourned sine die. The adoption of the defendant has been denied by the plaintiffs.