- (1.) At the very outset, it is relevant to mention that during the pendency of this writ petition, petitioner no. 1 (Jai Prakash Singh) died and as such his legal heirs, namely, Harish Kumar Singh (son) and Smt. Ram Dulari (wife) have been substituted in his place as petitioner nos. 1/1 and 1/2.
(2.) By means of present writ petition, petitioners have challenged the order dated 24.03.2007 passed by Additional District Judge, Court No. 1, Raebareli (opposite party no. 1) in Appeal No. 36/80; Jagdamba Singh & another Vs. Jung Bahadur Singh and another, whereby the opposite party no. 1 has allowed the amendment application moved by the opposite party nos. 2 and 3.
(3.) Brief facts of the case are that opposite party no. 2 and 3 filed a suit for declaration and possession, on the basis of successions, before the IVth Additional Munsif Magistrate, Raebareli. After considering the facts and hearing both the parties, the Munsif Magistrate had dismissed the suit for declaration and possession preferred by opposite party nos. 2 and 3 on 29.01.1980 inter alia on the ground that it is not proved that Lalla Singh could legally inherit the rights of Smt. Umrai. It was also held by the trial court that the plaintiffs have claimed their rights only on the ground of inheritance and not on the ground of adverse possession. It was also held that the plaintiffs cannot be declared to be owner of the disputed land.;