BHAU RAM Vs. KAMLA DEVI

JUDGEMENT

(1.) Being aggrieved and dissatisified with the order dated 22.8.2018 passed by learned District Judge (Forest) Shimla, District Shimla, H.P.,in CMP No.1-S/6 of 2017/16 in Civil Appeal No.2-S/3 of 2017/16, titled as Bhau Ram vs. Smt. Kamla Devi and others,whereby an application under Section 10 of the Code of Civil Procedure having been filed by the petitioner (hereinafter referred to as the defendant) praying therein to stay the proceedings in appeal filed by him till the time Suit bearing No.51/1 of 2013/97 is finally decided, came to be dismissed, defendant has approached this Court in the instant proceedings filed under Article 227 of the Constitution of India.

(2.) For having birds eye view, the facts which are relevant for the adjudication of the controversy at hand are that the land which came to be subject matter of two suits i.e Civil Suit No.51/1 of 2013/1997 and Civil Suit No.105/1 of 2002/2003 having been filed by the respondent (hereinafter referred to as the plaintiff),originally belonged to the person namely, Smt. Reshmu Devi wife of Sh. Shankar Lal, R/o Village Hiranagar. Smt. Reshmu Devi stated to be the owner of 9-9 bighas of land situate at Mauja Badhai, Tehsil and District Shimla, H.P., as well as land measuring 11-18 bighas situate at village Shilawat, Tehsil Rohru, District Shimla, H.P., having inherited from her husband after his death, died on 25th September, 1985, whereafter original plaintiff Sh. Attar Singh instituted suit bearing No.51/1 of 2013/1997 in the Court of learned Civil Judge (Senior Division), Shimla, H.P., qua the land situate in Shimla District, claiming therein that Smt. Reshmu Devi had executed the Will dated 12.9.1985 in his favour as well as his father Sh. Hira Singh. Plaintiff claimed that his father Sh. Hira Singh also died in the year, 1993 and as such, he and his brother Sh. Janak Singh (deceased) whose legal representatives are already on record as respondent No.3 are in possession of land on the basis of aforesaid Will dated 25.09.1985. During the pendency of aforesaid suit, plaintiff instituted another suit bearing No.105/1 of 2002/2003 in the Court of learned Sub Judge, Court No.2, Rohru, District Shimla, H.P., claiming therein similar reliefs as claimed in the previously instituted suit with regard to land of late Smt. Reshmu Devi situate in Village Shilawat, Tehsil Rohru, District Shimla, H.P.

(3.) Suit bearing No. 51/1 of 2013/1997 instituted in the Court of learned Civil Judge (Senior Division) Shimla, District Shimla, H.P., was dismissed vide judgment dated 22.3.2014. However, learned Additional District Judge-II, Shimla vide judgment dated 2.6.2015 set-aside the aforesaid judgment and decree in the appeal having been filed by the plaintiff and remanded the case back to the learned trial Court.