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 Devi wife of Raj Kumar residents of village Imaliya, Pargana Katehar, District Varanasi.

5. Mohan, Nirmala Devi and Rita Devi mentioned above claimed their right in the disputed land on the basis of sale deed dated 19.4.1985 alleged to have been executed by Raja Ram( deceased). Mohan and others claimed their right in the disputed land after the death of Raja Ram, original tenure holder of the disputed land. The petitioner, Babu Ram filed an application under section 34 of the Land Revenue Act for mutation of his name before Naib Teshildar, Varanasi on 12.1.1987. The said application was rejected on 23.5.1988 on the ground that Mohan and others got their name mutated by ex parte order dated 30.4.1988 on the basis of sale deed dated 19.4.1985 over the disputed land. The petitioner filed appeal under section 210 of Land Revenue Act challenging order dated 30.4.1988. The said appeal was allowed and the order dated 30.4.1988 passed in favour of Mohan and others was set aside. The case was remanded back to the Naib Tehsildar, Varanasi for deciding afresh. The revision filed by Mohan and others was dismissed on 24.7.1989.

6. Petitioner further filed appeal against the order dated 23.5.1988 by which his application for mutation was rejected. The revisional court by order dated 20.8.1992 set aside the order dated 23.5.1988 and remanded back the matter to the Naib Tehsildar, Varanasi for deciding afresh.

7. Both the cases filed by the petitioner and Mohan and others were decided by Naib Tehsildar, Varanasi, on 7.10.1998 in terms of compromise arrived between the parties.The name of the petitioner was mutated over the disputed land on the basis of decree dated 18.9.1998 passed by the Civil Court in the suit for cancellation of the sale deed dated 19.4.1985 filed by the petitioner Babu Ram. It may be noted that the petitioner Babu Ram filed original suit no. 285 of 1987 on 18.3.1987 for cancellation of the sale deed dated 19.4.1985 alleged to have been executed by Rajaram( deceased) in favour of Mohan and others. During the pendency of the suit, compromise dated 27.8.1997 was arrived between the parties and the same was filed before the court on 26.8.1998. The suit was decreed on the basis of compromise on 18.9.1998.

8. In so far as petitioner and respondent no.3 are concerned, respondent no.3 filed original suit no. 1180 of 1998( Ravi Shanker Prasad SinghVs. Babu Ram) with the prayer for permanent prohibitory injunction restraining the petitioner and respondents no. 5 and 6 from interfering in peaceful possession of the plaintiff-defendant( II Set). In original suit no. 1180 of 98 out of which the present writ petition arose an interim injunction order dated 19.11.98 was passed.

9. By the order dated 19.11.1998 notices were issued to the petitioner and while issuing no