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N.PAULVASANTHA KUMAR
Arihant Jain – Appellant
Versus
Guninder Pushp Jain – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Mr. Rajneesh Oswal, Advocate
For the Respondent:Mr. L. K. Sharma, Sr. Advocate with Mr. Rahul Sharma, Advocate

JUDGMENT

N. Paul Vasantha Kumar, J.—This civil revision petition is filed against order dated 19.10.2010 whereby the learned 2nd Additional District Judge, Jammu has dismissed the application for recalling the order dated 15.9.2006 and restoring the suit to its original number.

2. The brief facts necessary for disposal of this revision are as follows:

(a) The mother of the petitioners, namely, Smt. Mahimawati Jain had filed a suit for declaration to the effect that decree passed in Civil Suit No. 21 dated 10.1.1998 by Sub Judge (C.J.M), Jammu with regard to house No. 74A/B, Gandhi Nagar, Jammu is null and void, inoperative and not binding upon the rights of the plaintiff therein with a consequential prayer for permanent prohibitory injunction, restraining the defendant therein from alienating/transferring/creating any encumbrance with regard to the said suit property with a further relief of partition by metes and bounds of moveable as well as immoveable property owned by the deceased Shri Yash Pal Jain.

(b) The said suit was pending for evidence of the defendant, i.e. respondent in this revision, and at that stage the respondent proposed a compromise, stating that the respondent ca











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