Heard learned counsel for the parties.

These are two writ petitions, filed by Sri Anand Swarup Chaudhry and others, praying for quashing of all the proceedings in Original Suits No. 65/2007 and 267/2007, pending in the court of Judge, Small Causes Court/Civil Judge, Faizabad. Since both the petitions relate to the common property and the issues of facts and law are common, we have heard them together and they are being disposed of by a common order.

2. Briefly, the facts relate to a house (no. 3/15/29) constructed by late Sri Laxmi Narayan Chaudhary situate at Dhara Road, Faizabad, by purchasing a land out of his own earnings in the year 1952. He died on 29.11.1982 leaving behind three sons, namely, Sri Gyan Swarup Chaudhary, Sri Anand Swarup Chaudhary (petitioner) and Sri Hari Swarup Chaudhary (opposite party), two daughters, Smt. Kamla Devi and Smt. Krishna Devi and five grandchildren, namely, Sri Pankaj Chaudhary son of Sri Gyan Swarup Chaudhary born on 23.06.1976, Sri Raj Vardhan born on 25.03.1965 and Sri Prabhakar Vardhan born on 26.01.1968 sons of Sri Anand Swarup Chaudhary and Sri Prashant Chaudhary born in 1977 and Sri Vivek Chaudhary born on 08.09.1982 bot