SANTOSH KUMAR TULSYAN Vs. SHIPRA DEVI

JUDGEMENT

(1.) This writ petition is under Article 227 of the Constitution of India wherein the order dated 20th July, 2018 (Annexure-12) passed in Execution Case No. 05/2010 as also the order dated 03.10.2018 by which the review petition of the petitioners dated 13.08.2018 has been rejected, are under challenge.

(2.) The brief facts of the case of the petitioners as per the pleadings made in the writ petition is that the plaintiffs/respondents have filed title suit being Title Suit No. 17 of 1998 for adjudication of their right, title and interest over the suit land, fully and particularly described in the plaint and their possession over the suit property be declared and confirmed and if not found in possession a decree for recovery of possession be passed and the plaintiffs be put in possession thereof after dispossession of the defendants therefrom and a decree for perpetual injunction be passed against the defendants/petitioners from carrying on or putting any kind of construction over the land in suit and the cost of the suit be awarded, the suit was decreed by holding therein that the plaintiffs have got right, title and interest over the suit property on the basis of sale deed executed on 22.07.1995 by Soma Oraon and Gonda Oraon and the plaintiffs have also been found to be in possession of the property and the sale deed also executed in favour of the plaintiffs dated 22.07.1995 is a valid, legal and genuine, so the defendants/petitioners are perpetually injuncted from making any hindrance in exercise of the right of the plaintiffs/respondents over the suit properties.

(3.) The petitioners/defendants have filed title appeal being Title Appeal No. 61 of 2009 before the Court of Judicial Commissioner, Ranchi which was dismissed vide order dated 14.01.2010 against which second appeal was preferred being Second Appeal No. 40 of 2010 before this Court which has been admitted for hearing and the same is pending for disposal.