ORDER :

OW104 No. 75/2015

1. In the instant petition filed under Article 227 of the Constitution of India, initially the predecessors-in-interest of the present petitioner herein, namely, Jai Ram challenge to order dated 24.04.2015 passed by the court of Principal District Judge, Rajouri (for short “the appellate court”) in an appeal titled as “Father Tomi Principal Christ School Vs Sardar Iqbal Singh and Ors.” arising out of an order dated 05.09.2014 passed by the court of Sub-Judge, Nowshera (for short “the trial court”) in suit titled as “Father Tomy Principal Christ School Vs Iqbal Singh & Ors.”.

2. Facts emanating from the record reveal that the suit supra for declaration and permanent prohibitory injunction came to be filed by the plaintiffs-respondents 1 & 2 herein against the deceased-petitioner including the proforma respondents herein stating therein that they came into possession of land measuring 04 Kanals 02 Marlas falling under Survey No. 121 min situated at Village Lamberi Tehsil Nowshera by virtue of an agreement executed by the deceased-petitioner in favour of Malabar Vice Province Saint Thomas Kozbikode, Kerala, a society registered under the Societies Registration A