RAMESH Vs. PHATTERAM

JUDGEMENT

(1.) The petitioner/ defendant- Ramesh is aggrieved by the order dtd. 20/12/2018 passed by the Court of learned Addl. Senior Civil Judge No.04, Bharatpur (for short 'the trial court') in O.S. No. 1/2017, dismissing his application filed by him under Order 8 Rule 1A(3) read with Sec. 151 CPC.

(2.) The facts of the case are that the respondents /plaintiffs filed a suit for permanent injunction against the present petitioner/ defendant-Ramesh and proforma respondents (in this petition) stating that the land in question is a part of Khasra No. 437 which is recorded in their khatedari. However, the said land in question is being used as 'Bada' and the land is situated in abadi area. It was stated in the plaint that the land in question is in their ownership and possession and the defendants have no concern with the land in question. It was further stated in the plaint that the defendants have threatened them to dispossess from the suit property and, therefore, the present suit has been filed by them.

(3.) On 25/9/2018 petitioner/ defendant- Ramesh and proforma respondents filed an application under Order 8 Rule 1A(3) read with Sec. 151 CPC for taking certain documents on record including the affidavits and cross-examination of Hotilal recorded in Civil Suit No. 19/2015, Site Commissioner's Report in case of Ramesh Vs. Phatte 226/11, affidavit and cross-examination of Niranjan Singh in Civil Suit No.19/15, in Civil suit No. 15/15 affidavit and cross-examination of Mahendra etc.