JAGDISH CHANDER Vs. SUSHMA SHARMA

JUDGEMENT

(1.) Petitioner, who is a respondent in an appeal pending the court of Additional District Judge, Jammu seeks a direction to decide the appeal titled 'Sushma Sharma v/s Jagdish Chander and others'.

(2.) The facts as stated in the petition are that a suit was filed by one- Som Dutt Sharma for possession of land measuring 1 kanal 2 marlas falling under Survey No. 2666, 2667 and 2670 against Jagdish Raj- petitioner herein with a direction to dismantle the construction illegally raised by the defendant in land situated at Village Kote, then Tehsil and District Jammu.

(3.) During the pendency of the proceedings, the plaintiff Som Dutt Sharma died. An application was filed by one Rohit Mishra for bringing him on record as the legal representative of the plaintiff-Som Dutt Sharma. This application, however, was dismissed by the Trial Court. Another application filed by Sushma Sharma for impleading her as legal representative of the deceased/plaintiff on 12.10.2015 almost five years after the death of Som Dutt Sharma. This application was also dismissed by the trial court vide order dated 01.07.2017. An appeal was filed by the respondents/petitioner before the court of learned Additional District Judge Jammu in which the learned court has granted status quo on 05.09.2017.