- (1.) Heard Sri Hem Pratap Singh, for the petitioners and Sri Om Prakash, holding brief of Sri Satish Mandhyan, for the respondents.
(2.) This petition has been filed for setting aside the orders of Additional Civil Judge (Senior Division) dated 31.08.2015, setting aside the order of dismissal in default, condoning the delay and restoring Execution Case No. 1 of 2004 to its original number and order of Additional District Judge dated 02.11.2015 dismissing the revision of the petitioner, against the aforesaid order.
(3.) Narendra Kumar Sharma (now represented by the petitioners) filed a suit (registered as O.S. No. 1495 of 1994) for permanent injunction restraining his father Nand Kishore Sharma (now represented by the respondents), from ejecting him from the disputed house, claiming that it was joint family property. Nand Kishore Sharma filed a suit (registered as O.S. No. 293 of 1995) for ejectment of Narendra Kumar Sharma, claiming that disputed house was his self acquired property. Both the suits were consolidated and heard together. Trial Court, by judgment dated 28.02.2001, decreed O.S. No. 293 of 1995 and dismissed O.S. No. 1495 of 1994. Decrees of Trial Court were challenged in Civil Appeal Nos. 168 and 176 of 2001, which were dismissed by a common judgment dated 29.10.2003. The petitioners filed Second Appeal Nos. 1325 and 1334 of 2003, from the aforesaid decrees, which were dismissed on 15.05.2006.;