RAMESH KUMAR Vs. SHAKUNTLA DEVI

JUDGEMENT

(1.) This Regular Second Appeal has been filed against judgment dtd. 11/2/2022, passed by learned Additional District Judge, Hamirpur in Civil Miscellaneous Application No.104 of 2016, whereby the application of the appellants under Order 41 Rule 3-A of the Code of Civil Procedure read with Sec. 5 of the Limitation Act has been dismissed.

(2.) Brief facts necessary for adjudication of appeal are that the suit bearing No. 195 of 1986 was filed by the appellants/plaintiffs against the respondents/defendants before the learned Civil Judge (Senior Division) Court No.1, Hamirpur for declaration that the appellants/plaintiffs were exclusive owners in possession of the suit land on the basis of Will dtd. 20/4/1982 executed by Sh. Santa @ Sant Ram. The respondents/defendants contested the suit and also filed a Counter Claim No. 37 of 2009 claiming a share in the suit land.

(3.) Learned Civil Judge (Senior Division) Court No.1, Hamirpur dismissed the Civil Suit No.195 of 1986 and decreed Counter Claim No. 37 of 2009 vide judgment and decree dtd. 30/3/2010.