JANARDAN SINGH Vs. SIDHESHWAR SINGH

JUDGEMENT

(1.) The petitioners have filed this application for quashing the order dtd. 16/9/2011 passed by learned Munsif, Aurangabad in Title Suit No. 93 of 1982 whereby and whereunder the learned court below dismissed the petition filed by the petitioners under Order I Rule 10 (2) of Code of Civil Procedure.

(2.) Heard learned counsels for the petitioners as well as the respondents.

(3.) The respondents-plaintiffs filed the aforesaid suit against Shanti Devi (respondent no. 7) and Suba Singh (defendant no. 1) for declaration that the deed of gift dtd. 4/8/1982 executed by Shanti Devi in favour of Suba Singh as illegal. The defendants appeared and filed their written statement denying the case of the plaintiffs. Suba Singh died on 18/12/2008 leaving behind his widow and sons who were substituted in his place. Suba Singh executed two sale deeds in favour of Lalmuni Devi (respondent no. 11) with respect to 1.83 decimal land of plot Nos. 173, 174, 194 and 195 in the year 1988. The plaintiffs filed a petition and impleaded the said Lalmuni Devi as defendant to the suit. The plaintiffs filed an injunction petition praying therein to restrain Suba Singh from transferring the disputed land till the disposal of the suit. The suit was dismissed in default on 18/1/2006. Thereafter, the plaintiffs filed a restoration petition on 9/1/2007 and the suit was restored on 22/5/2007. After dismissal of suit, the petitioners purchased the land from the defendant on 15/5/2007 and filed petition on 12/11/2007 for impleading them as party to the suit.