BHAU RAM Vs. KAMLA DEVI

JUDGEMENT

(1.) The instant appeal is maintained by the appellant, Smt. Kamla Devi, who is wife of the original plaintiff, late Shri Panu Ram (hereinafter referred to as "the plaintiff") under Order 43 (Rule-1)(u) CPC against the judgment, passed by learned Additional District Judge (II), Shimla, in Civil Appeal No. 60-S/13 of 2014, dtd. 2/6/2015, whereby the appeal filed by the plaintiff against the judgment of dismissal, passed by learned Civil Judge (Senior Division), Shimla, H.P., in Civil Suit No. 51/1 of 2013/1997, dtd. 22/3/2014, which was filed by the plaintiff, was allowed and the matter was remanded back to the learned Trial Court with a direction to comply with mandatory requirement of Order 22 CPC and then proceed further to decide the controversy between the parties after affording opportunity of being heard.

(2.) Succinctly, the facts giving rise to the present appeal are that the original plaintiff maintained a suit for declaration that he is exclusive legal heir of late Smt. Reshmu Devi wife of Shri Shankar Lal resident of village Hira Nagar, through registered Will, dtd. 12/9/1985, which was registered in the office of Sub Registrar, Shimla. As per the original plaintiff, the aforesaid Will was executed by Smt. Reshmu Devi in his and in favour of his late father Shri Hira Singh. The original plaintiff has further averred that he has inherited all movable and immovable properties left by late Smt. Reshmu Devi, including the land and property comprised in Khewat No. 131 min, Khatauni No. 180 min, Khasra No. 55, 56, 66, 69, 71, 72, 75 and 77, measuring 9.9 bighas situated at Mauja Badhai, Tehsil and District Shimla (hereinafter referred to as "the suit land"), in execution of decree, dtd. 25/3/1985, passed in Case No. 61/1 of 1976, titled Reshmu Devi vs. Kamla Devi, which was ultimately confirmed by this Court. The original plaintiff further sought prohibitory injunction restraining defendant No. 1-Bhau Ram (appellant herein) to dispose of the aforesaid property, alienate or change its nature.

(3.) The original plaintiff averred that late Smt. Reshmu wife of late Shri Shankar used to reside with him and he was looking after her. Smt. Reshmu executed a legal and valid Will dtd. 12/9/1985 in his and in favour of his father and the said Will was duly registered by Sub Registrar, Shimla. On 25/9/1985 Smt. Reshmu expired and in April, 1993 his father- Shri Hira Singh also expired, thus he (original plaintiff) inherited the entire share of his father and brother, i.e., defendant No. 2- Janak Singh (herein proforma respondent No. 2 (since deceased, through his LRs).