PUSHPA DEVI Vs. HAEA DEVI

JUDGEMENT

(1.) This Civil Writ Petition has been preferred claiming for the following reliefs:-

(2.) Brief facts of the case as placed before this Court by learned counsel for the petitioner are that the plaintiff-petitioners filed a suit against the defendant-respondents for declaration and permanent injunction; stating therein that the plaintiff- petitioners are the legal heirs of Dhapi Devi w/o Farsaram. That Dhapi Devi had 3 sons; Sharvan Kumar, Ramesh Kumar and Rajkumar. That Ramesh Kumar and Rajkumar passed away issueless. However, that Ramesh Kumar during his lifetime had adopted the plaintiff no.2, and who had conducted the funeral rites and rituals of Ramesh Kumar. That on 23/9/2008, the defendant-respondent no.2 stating to be the adopted son of Ramesh Kumar arrived at the residence of Ramesh Kumar and asked the plaintiff to vacate such premises claiming the adoption of plaintiff no.2 was in accordance with the law, more particularly the Hindu Adoption and Maintenance Act, 1956.

(3.) Learned counsel for the petitioners submits that prior to the evidence of the defendant-respondents, the plaintiff- petitioners filed an application under Order 7, Rule 14 CPC for taking two documents on the record, namely medical certificate dtd. 19/12/2008 issued by the 'Rog Nivaran Hospital' and the copy of the revenue-suit filed before the Sub- Divisional Officer, Khajuwala (Annex.-4).