- (1.)The appellants are the defendants in O.S.No.177/2006 on the file of the Civil Judge (Jr.Dn.) and JMFC, Sira and the respondent is the plaintiff. The plaintiff filed the suit for a declaration that he is the owner of suit 'A' and 'B' schedule properties and for delivery of possession of 'B' schedule property in his favour. The trial Court partly decreed the suit declaring that the plaintiff is the owner in possession of 'A' schedule property. Further, it has granted permanent injunction restraining the defendants from interfering with his possession and enjoyment of the said property.
(2.)The plaintiff filed an appeal R.A.No.28/2010 on the file of the Senior Civil Judge, Sira challenging the judgment and decree of the trial Court to the extent of not decreeing the suit in respect of 'B' schedule property. The Appellate Court dismissed the appeal on 14.1.2011.
(3.)Plaintiff filed a review petition in No.1/2011 under Order 47 Rule 1 of the Code of Civil Procedure ('CPC' for short) seeking review of the said judgment and decree. The Appellate Court allowed the review petition on 10.11.2011. The judgment and decree in R.A.No.28/2010 is modified. The judgment and decree of the trial Court with respect to 'B' schedule property is set aside and the suit of the plaintiff in respect of this property is also decreed. The defendants are directed to hand over possession of 'B' schedule property to the plaintiff.