Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 6372 of 2018 Petitioner :- Sri Vibhuti Narayan Yadav Respondent :- Nathu Ram And 14 Others Counsel for Petitioner :- Prashant Pandey Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Prashant Pandey, learned counsel for the plaintiff- petitioner.
The petitioner is before this Court assailing the order dated 30.5.2018 passed by the Additional District Judge/Special Judge (SC/ST Act), Varanasi in Civil Appeal No.96 of 2017 (Vibhuti Narayan Yadav vs. Nathu Ram and others).
It appears from the record that the plaintiff-petitioner instituted a Civil Suit No.136 of 1993 for permanent injunction restraining the defendants not to interfere in his peaceful possession over the suit property. Thereafter, the defendant-first set also filed the Original Suit No.120 of 1996 for injunction restraining the petitioner from interfering in their possession. Both the aforesaid suits were clubbed together and finally, learned Civil Judge (Junior Division), Hawali, Varanasi dismissed the suit no.136 of 1993 filed by the petitioner on 28.8.2017. Challenging the aforesaid order the petitioner preferred Civil Appeal No.96 of 2017 before the District Judge, Varanasi. Thereafter, the petitioner moved an application under Order 41 Rule 27 of C.P.C. on 13.2.2018 for additional evidence to which the defendants filed their objections on 24.2.2018. By the impugned order dated 30.5.2018, lower appellate Court has rejected the aforesaid application on the ground that the petitioner has not produced any evidence that he had no knowledge of the evidence sought to be adduced.
The Court has proceeded to examine the record in question and finds that the lower appellate Court has rejected the aforesaid application on the ground that the said document was very much in the possession of the petitioner. The lower appellate court was also of the opinion that the aforesaid suit was filed in the year 1993 for permanent injunction against the defendants and the same was dismissed by the trial court on 28.8.2017. The present appeal filed against the judgement dated 28.8.2017 is pending since the year 2017 and at this stage such application cannot be accepted. There is no infirmity or illegality in the order impugned.
The writ petition sans merit and is accordingly dismissed.
Order Date :- 31.8.2018 RKP