J.K.Mathur, J. - (1.) This petition has been filed challenging the correctness and validity of the order passed by Sri R.P. Verma, IIIrd Additional District Judge, Gonda on 12-12-1990 dismissing a revision filed against the order passed by the VII Additional Munsif, Gonda in civil suit No. 548 of 1984.
(2.) Two plots of land situate in village Kapurpur, Pargana Paharpur, Tahsil and Distrct Gonda belonged to Doodh Nath. He died issueless on 31-12-1983. Vidya-dhar Shukla, opposite party No. 4 instituted the aforesaid suit in the court of Munsif, Gonda claiming that Doodh Nath had executed a will in his favour on 24-9-1983 as a result of which he succeeded to the right of Dooth Nath in the aforesaid plots. The petitioners in this writ petition who were arrayed as defendants 1 to 5 were alleged to have got a sale deed prepared claiming that it had been executed by the deceased Dooth Nath in respect of the aforesaid property. They got the sale deed registered after the death of Dooth Nath. The suit was filed for cancellation of the sale deed on a number of grounds. A permanent injunction was also claimed against the defendants.
(3.) The defendants contested the suit and inter alia pleaded that the suit was not cognisable by the civil court. An issue was framed. The learned Munsif after hearing parties was of opinion that the suit for cancellation of sale deed and injunction could be filed in the civil court. The issue was, therefore, decided against the defendants who preferred a revision which was heard by the learned Additional District Judge. He after considering the contention of the parties affirmed the decision of the Munsif. The present writ petition is directed against the decision of the Additional District Judge.;