VIJAY KUMAR SUD Vs. SHEEL CHANDRA

JUDGEMENT

(1.) The present regular first appeal, though arises out of a common judgment dated 12.12.1994, rendered by a learned Single Judge of this Court in three consolidated civil suits, being Civil Suit No. 24 of 1980 (Amar Kumar Kapur and Anr. v. Swami Pragyana Nand Saraswati and Ors.), Civil Suit No. 39 of 1981 (Swami Pragyana Nand Saraswati v. Ram Sarup Kapoor and Ors.) and Civil Suit No. 40 of 1981 (Sheel Chandra and Ors. v. Smt. Jaswant Devi Sood and Anr.), yet it pertains only qua the last mentioned case, that is, Civil Suit No. 40 of 1981 (Sheel Chandra and Ors. v. Smt. Jaswant Devi Sood and Anr.), whereby the said suit has been decreed in the following terms:

(2.) It shall be pertinent to notice at this stage that two other appeals, being RFA No. 68 of 1995 (Shri Amar Kumar Kapoor and Ors. v. Swami Pragyana Nand Ji Saraswati and Ors.) and RFA No. 132 of 1995 (Swami Pragyana Nand Ji Saraswati v. Shri Ram Sarup Kapoor and Ors.) arising out of the impugned common judgment dated 12.12.1994, qua the aforesaid Civil Suit No. 24 of 1980 (Amar Kumar Kapur and Anr. v. Swami Pragyana Nand Saraswati and Ors.) and Civil Suit No. 39 of 1981 (Swami Pragyana Nand Saraswati v. Ram Sarup Kapoor and Ors.), respectively, have already been dismissed, as abated, vide orders dated 07.05.2010.

(3.) The background in which the three suits, as above, were consolidated and were disposed of by the impugned common judgment dated 12.12.1994, as stated vide para 1 thereof, is as under: