LAWS(J&K)-1952-6-1

GH MOHD SHEIKH Vs. AHAD SHEIKH

Decided On June 06, 1952
Gh Mohd Sheikh Appellant
V/S
Ahad Sheikh Respondents

JUDGEMENT

(1.) THESE are two revision applications against the order of the learned District Judge dated 9th Phagan, 2008 and arise out of the following circumstances.

(2.) GULAM Mohd. Sheikh filed a suit for partition and for rendition of accounts and he further alleged that relinquishment deed executed by him on 23rd of Sawan, 2005, was fraudulently obtained and may be cancelled. The suit was brought against his two brothers, Ahmad Sheikh, defendant No. 1 and Rehman Sheikh, defendant No. 2 and his sisters, Maala Bibi, defendant No. 3 and Asha Bibi, defendant No. 4. The defendants Nos. 1 and 2 resisted the suit on the ground that the plaintiff had no right left in the property as he had relinquished his share by the deed which he executed on 23rd Sawan 2005. Defendants Nos. 3 and 4 claimed a share in the property left by their father. On 26th Magh 2008 defendants Nos. 3 and 4 made an application before the trial court stating therein that defendants Nos. 1 and 2 intended to compromise the suit with the plaintiff and their names should be transposed as plaintiffs in the case. On 29th Magh 2008, the plaintiff put in an application before the court for the withdrawal of the suit. The application of the plaintiff and of the defendants 3 and 4 came up for hearing on the 7th of Phagan, 2008. and the court heard the parties at length in regard to their respective applications. On the 9th Phagan the court accepted the application of the plaintiff and passed a decree in terms of the compromise arrived at between the plaintiff on the one hand and defendants Nos. 1 and 2 on the other. It was remarked by the trial court that the decree will not affect the rights of defendants nos. 3 and 4. The Court ordered that defendants 3 and 4 may be transposed as plaintiffs in the suit and allowed the suit to proceed. Against this order Ahmad Sheikh defendant No. 1 has preferred a revision application and a separate revision application has been filed by the plaintiff. These revision applications will be disposed of by this order.

(3.) THE counsel for the applicants have drawn my attention to the following remarks of the learned District Judge in his judgment: