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2016 Supreme(Chh) 221

PRASHANT KUMAR MISHRA
Kalapataru Sales Private Limited – Appellant
Versus
Deepak Agrawal S/o Late C. B. Agrawal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. Hamida Siddiqui
For the Respondents: Shri Abhishek Saraf, Shri Syed Majid Ali

ORDER :

1. In both the petitions under Article 227 of the Constitution of India the petitioner/plaintiff is aggrieved by the order passed by the trial Court directing the petitioner to pay ad valorem Court fees on the plaint. The direction has been issued while considering the respondent No.1/defendant No.1’s prayer for rejection of plaint under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (‘the CPC’ henceforth) for declaration that the petitioner is in possession and title holder of the suit land and the sale deed dated 9-4-2010 purportedly executed by the plaintiff in favour of the defendant No.1 is null and void being forged, therefore, not binding on the plaintiff. Prayer for issuance of permanent injunction to restrain the defendant No.1 from interfering with the plaintiff’s possession has also been made in the pliant.

2. It is averred in the plaint that the suit land involved in WP227 No.978 of 2015 was purchased by the plaintiff on 29-10-2007 & 31-10-2007, whereas the suit land in WP227 No.1005 of 2015 was purchased on 31-10-2007. The defendant No.2 M/s Chidipal Builders & Contractors Private Limited had prior acquaintance, business terms as a relative of the plaintiff












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