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2015 Supreme(Jhk) 583

SHREE CHANDRASHEKHAR
Shamsul Mian – Appellant
Versus
Md. Shaukat Ali – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. K.P. Deo, Advocate.

JUDGMENT

Aggrieved by order dated 14.05.2013 in Title Suit No. 78 of 2011 whereby, defendant nos. 2 to 6 have been deleted from array of parties, the present writ petition has been filed.

2. The petitioner claiming himself son of Jumini Bibi-defendant no. 2 in Title Suit No. 78 of 2011 has objected to order dated 14.05.2013 on the ground that, if the suit is decreed in favour of the plaintiffs, it would seriously affect their rights. The Title Suit No. 78 of 2011 was filed for declaration of right, title and interest of the plaintiffs and proforma defendants over the suit property. A further prayer for directing the defendant-first party to vacate the suit premises and hand over the possession to the plaintiffs has also been made in the said suit, besides an order of permanent injunction against the defendant-first party. Subsequently, an application for substitution of defendant no. 1, who died on 11.05.2011 was filed by the plaintiffs and the widow of the defendant no. 1 and his two sons as well as widow and sons of Md. Salauddin Mian, who predeceased his father-defendant no. 1 were substituted in place of defendant no. 1. In the written statement filed on behalf of defendant no. 1




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