MOTILAL AGARWAL Vs. RAM BABU SHARMA

JUDGEMENT

(1.) Learned counsel for the petitioners and learned counsel for the opposite parties are present.

(2.) The instant Civil Miscellaneous Petition has been preferred on behalf of the petitioners dissatisfied with the impugned order dtd. 27/2/2023 passed by the learned District Judge-III, Lohardaga in M.C.A. No.09 of 2020 only to the extent whereby the application of the applicant under Order XLI Rule 27 of 29/11/2017 was allowed.

(3.) Learned counsel for the petitioners has submitted that he has filed the original suit for declaration of right, title and interest in the property in suit and also for permanent injunction restraining the defendants not to make interference in the possession of the very suit, which was decreed by the learned Trial Court and in that suit, the plaintiff had averred his rights in the property in suit on the basis of sale deed, which had been executed in his favour in the year 1973 by the mother of the defendant, namely, Ramwati Devi and dissatisfied with the decree passed in Title Suit No.31 of 2015, the appeal was preferred on behalf of the respondent, which is pending now. During pendency of the very appeal, the defendants-appellants got the death certificate of their mother and that certificate was sought to be adduced by way of an application under Order XLI Rule 27 of C.P.C. In that appeal, an objection as raised on behalf of the respondents of the appeal before the appellate court but the learned Appellate court has allowed the application vide order dtd. 27/2/2023, which is based on adverse finding.