Mahesh Grover, J. - (1.) BY this order I dispose of S.A.O. Nos. 13 and 14 of 2009.
(2.) THESE two appeals are directed against the order of the learned Appellate Court dated 18.11.2008 vide which it remanded the matter back to the learned trial Court for a decision afresh on an application moved by the present respondents. The facts would be relevant and are, therefore, noticed in brief. Respondent No. 2 Joginder Singh son of Chamela initiated a suit (Civil Suit No. 343 of 1995) against Sahab Singh, Prem Singh, Charta and Babu laying a claim to the estate of one Raji widow of Telu, the real aunt of Joginder Singh by pleading that she was issueless and he being her adopted son, was entitled to her estate. The adoption deed dated 13.7.1959 was set up in support of his claim. Two of the defendants namely Sahab Singh and Prem Singh admitted the claim of the plaintiff/respondent No. 2 while Charta and Babu sons of Harmela contested the suit to say that Raji was issueless, but denied the adoption in favour of the plaintiff/respondent No. 2. They set up the plea of natural succession in their defence. Another cross -suit (Civil Suit No. 342 of 1995) was filed by Charta and Babu against Sahab Singh, Joginder Singh, Narinder Kumar, Sukhinder Kumar, Vipin, Salma and Sahab Devi laying a claim to the estate of Raji on the plea of natural succession.
(3.) BOTH the suits were consolidated vide order dated 8.5.2004 and were decided through a common judgment.;