Judgment

Reserved on 11/04/2019 Pronounced on 23/04/2019

1. The matter comes up on an application (No.01/2018) seeking to take on record the correct/amended cause title.

2. For the reasons mentioned in the application, the same is allowed and the correct/amended cause title is taken on record.

Accordingly, the defect pointed out by the office stands cured.

3. With the consent of learned counsel for the parties, the matter has been heard finally.

4. This writ petition under Article 226/227 of the Constitution of India has been preferred claiming the following reliefs:-

“1. The order impugned dated 02.03.2019 (Annex.7) passed by learned Civil Judge, Barmer, may kindly be quashed and set aside.

2. The applications filed by the petitioners under Order 14 Rule 1 CPC (Annex.4) may kindly be allowed as prayed for.

3. Any other appropriate order, which this Hon’ble Court deems fit and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioners.

4. Allow cost of the writ petition to the petitioners.”

5. Brief facts, necessary for disposal of the present writ petition are that Bhairu Singh s/o Hamir Singh, the ancestor of the petitioners, alongwith one Shiran Si