- (1.) HEARD Sri P.C.Jain, learned counsel for the petitioners and Sri S.O.P.Agarwal, learned counsel for the respondents.
(2.) BY means of this writ petition, the petitioners have prayed for issuing a writ of certiorari quashing the order dated 16.10.2007 passed by the Additional District Judge, Court No. 18, Agra in SCC Revision No. 13 o 2007 (Smt. Aliman and others vs. Salim and others) by which the learned Judge has allowed the revision and set aside the judgment and decree dated 27.1.2007 passed by Judge Small Causes Court, Agra in SCC Case No. 78 of 2001. The facts giving rise to this case are that it appears the Original Suit No. 1200/2005 was filed by the present petitioners against the respondents seeking their eviction from the land in dispute mentioned in the prayer of the plaint. There the trial court has dismissed the suit holding it to be not cognizable by the civil court as on the land in dispute, a structure, which is in the user of the defendant, is also there, which falls in the ambit of building. Aggrieved by this order, it appears, the respondents have filed Civil Appeal No. 263 of 1998 (Smt. Aliman Begum and others Vs. Salim @ Salimuddin and other). On 13.4.2001, the said appeal was disposed of with the consent of learned counsel for the parties with the direction to return the plaint for presentation before the learned Judge Small Causes Court with the further direction to the appellants (respondents) to pay Rs. 500/ - cost to the present petitioners (respondents in the appeal). Thereafter, the same plaint was presented before the Judge Small Causes Court where new number was given being SCC Case No. 78 of 2001. After contest, the learned Judge Small Causes Court has decreed the suit vide judgment and decree dated 27.1.2007.
(3.) AGGRIEVED by this judgment, the respondents have filed SCC Revision No. 13 of 2007.;