- (1.) 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 Suit Nos. 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 23.6.1976, Sri Raj Vardhan born on 25.3.1965 and Sri Prabhakar Vardhan born on 26.1.1968 sons of Sri Anand Swarup Chaudhary and Sri Prashant Chaudhary born in 1977 and Sri Vivek Chaudhary born on 8.9.1982 both sons of Sri Hari Swarup Chaudhary.
(3.) Original suit bearing No. 231 of 1986 was preferred on 23.8.1986 by Sri Anand Swarup Chaudhary in the Court of Civil Judge, Faizabad, for partition of the said house in three equal shares. Both sons of late Sri Laxmi Narayan Chaudhary, namely, Sri Hari Swarup Chaudhary and Sri Gyan Swarup Chaudhary, and his daughters, namely, Smt. Kamla Devi and Smt. Krishna Devi, were impleaded as opposite parties in the said suit. Smt. Kamla Devi and Smt. Krishna Devi did not contest the suit and abandoned their shares, to be divided amongst their three brothers. The aforesaid suit was hotly contested by Sri Hari Swarup Chaudhary, which was decreed on 31.8.1995.;