- (1.) HEARD Sri V. K. Kohli, Sr. Advocate, assisted by Sri I. P. Kohli, Advocate for the Petitioners and Sri Alok Singh, Sr. Advocate, assisted by Sri Gopal Narain, Advocate for the respondent no. 1, 2, 3, 4, 5, 7 to 11 and Standing Counsel for the respondent no. 35.
(2.) BY the present writ petition, the petitioners have prayed for a writ of certiorari quashing the order dated 7th April, 2001 passed by the learned 1st Addl. Civil Judge (Jr. Division), Dehradun (Annexure No. 5 to the writ petition ). Briefly stated a suit was filed by the plaintiff/respondents no. 1 to 6 praying for permanent injunction re straining the respondents from interfer ing in the peaceful possession of the plaintiffs with regard to the passage, which is owned by them. Prayer (I) is mentioned to the following effect: Hindi In paragraph 1 of the plaint, it has been stated that the plaintiffs along with the defendants/respondent no. 15 to 18 are the owners of the area 0. 52 acre in respect of Khasra No. 381/1249.
(3.) FURTHER in paragraph 2, respond ents have claimed the ownership along with the respondents no. 17 and 18 in respect of Khasra No. 381. Aforesaid paragraph has been explained in para graph 6. Paragraph 1 and 6 arc quoted below :- Hindi A written statement has been filed by the petitioners where in para graph no. 24 of the additional pleas, they have denied the passage towards North of Khasra Plot No. 381.;