JUDGMENT

Raibir Sehrawat J. (Oral) - This petition has been filed under Article 227 of the Constitution of India challenging the order dated 2.3.2015, passed by the Civil Judge (Junior Division), Hisar, whereby the application filed by the petitioner/defendant under Order 7 Rule 11 CPC has been dismissed by the trial Court.

2. Brief facts giving rise to the present petition are that the suit was filed by respondents/plaintiffs for declaration that plaintiff No. 1 is the owner in possession of the suit land measuring 87 kanals 2 marlas, comprised in Khewat No. 341, Khatoni No. 514 as per jamabandi for the year 2000-01, situated at village Badhawar, Tehsil Barwala, District Hisar, and the defendant, who happens to be the son of plaintiff No. 1, is cultivating the above said land with the prior permission of plaintiff No. 1, the plaintiff No.2 is owner in possession of Vi share of the above said land as per oral family settlement, and further that the award dated 6.3.2006 passed by the Lok Adalat, was not binding upon her because she had never suffered any such award. In fact, the plaintiff No. 1 herself is owner in possession of the suit land as per the jamabandi for the year 2000-01.