Heard Shri Ram Dhani Singh, learned counsel for the petitioner and Shri M.K. Srivastava, learned counsel appearing for the respondents.

2. The writ petition has been filed challenging the judgement and order dated 12.9.2003 passed by the Additional Civil Judge( J.D.), Haveli, Varanasi and also the order dated 4.12.2003 passed by the District Judge, Varanasi.

3. By means of aforesaid orders, issue no.3 framed in original suit no. 1180 of 1998 ( Ravi Shanker Prasad Singh Vs. Babu Ram and others) was decided against the petitioner-defendant and it was held that suit is maintainable before the Civil Court.

4. Brief facts giving rise to the present writ petition are that the land in dispute belong to Raja Ram son of Ram Sumer resident of village Adampur, Pargana Shivpur, District Varanasi. Raja Ram died on 4.1.1987. Petitioner Babu Ram( now deceased) and respondents no. 5 and 6 claimed their right in the disputed land as heirs of Raja Ram, ( deceased). The plaintiff-respondents no. 3 and 4 claimed their right in the disputed land on the basis of sale deed dated 27.6.1989 alleged to have been executed by Mohan son of Bali Ram Prasad, Nirmala Devi wife of Sohan and Rita Dev