P. Sathasivam, J. - (1.) These appeals are directed against the final judgment and orders dated 18.03.2008 and 08.09.2008 passed by the High Court of Jammu & Kashmir at Jammu in Civil Second Appeal No. 19 of 2005 and Review Petition (C) No. D-5 of 2008 respectively whereby the High Court dismissed the second appeal and the review petition filed by the Appellants herein.
(2.) Brief facts: (a) Shri Harbans Lal, father of the Appellant No. 1, purchased the land in dispute measuring 40 kanal 4 marlas bearing Khasra No. 65 in Village Chak Gainda, Tehsil Kathua from one Gurdas by way of a registered sale deed dated 18.03.1959. The said land falls in Khasra No. 109/65 and the same was recorded in the name of the father of the Appellant No. 1 and after his fathers death the name of Appellant No. 1 was recorded from Kharif 1987. (b) The plot of Sudhir Kumar-the Respondent herein is on the southern side of the land of the Appellants. On 29.04.1991, the Respondent herein filed a civil suit being No. 17/Civil/1991 in the Court of sub-Judge, Kathua seeking a declaratory decree to the effect that he is the owner and in possession of the suit land measuring and bounded by East Kathua Kalibari Road 90 West Police Line measuring 96, North Land of Bakshi Dev Raj (Appellant No. 1 herein) and South, Lane 460 situated at Ward No. 1 Village Chak Gainda, Tehsil Kathua and further sought decree for permanent injunction restraining the Appellants herein in the suit land. On 06.04.1993, the Appellants herein filed a joint written statement in the above civil suit. The trial Court, vide judgment dated 25.04.2003, dismissed the suit filed by the Respondent herein. (c) Aggrieved by the said judgment, the Respondent filed Civil First Appeal No. 6 in the Court of District & Sessions Judge, Kathua. The first appellate Court, vide judgment and decree dated 09.06.2005, set aside the judgment and order dated 25.04.2003, passed by the trial Court and allowed the appeal in favour of the Respondent. (d) Challenging the same, the Appellants filed Second Appeal No. 19 of 2005 before the High Court of Jammu & Kashmir at Jammu. Vide judgment dated 18.03.2008, the second appeal was disposed of by the High Court by modifying the decree with the consent of both the parties. (e) Against the said order, a special leave petition bearing S.L.P. (C) No. 10939 of 2008 was filed by the Appellants herein before this Court and the same was dismissed as withdrawn on 14.05.2008. On 21.05.2008, the Appellants filed a review petition being Review Petition (C) No. D-5/2008 before the High Court for review of the order dated 18.03.2008 passed in Second Appeal. The learned single Judge of the High Court, by order dated 08.09.2008, dismissed the review petition filed by the Appellants. (f) Aggrieved by the final orders dated 18.03.2008 passed by the High Court in Second Appeal and the order dated 08.09.2008 in the review petition, the Appellants filed the present appeals before this Court by way of special leave petitions.
(3.) Heard Mr. Dinesh Kumar Garg, learned Counsel for the Appellants and Mr. Ranjit Kumar, learned senior counsel appearing for the Respondent.;