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2023 Supreme(Chh) 82

GOUTAM BHADURI, N. K. CHANDRAVANSHI
Kashiram S/o. Shobhitram – Appellant
Versus
Parvati Shivare W/o. Rajendra Shivare – Respondent


Advocates Appeared:
For the Appellants : Mr. Akash Kumar Kundu.
For the Respondents:Mr. Pushpendra Kumar Patel, Pawan Kumar Kashyap, Mr. Raghavendra Verma, Govt. Advocate.

JUDGMENT :

Goutam Bhaduri, J.

1. This appeal is against the judgment and decree dated 30.11.2019 passed by the learned 7th Additional District Judge, Durg in Civil Suit No.47-A/2012 whereby the learned Court has decreed the suit in favour of the plaintiffs and declared the sale-deed dated 31.05.2005 as null and void, which pertains to the land bearing Kh.No.9, 10, 13 admeasuring 1.21, 1.34 and 0.89 total 3.44 hectares situated at village Aheri, P.H.No.26, Tahsil Dhamdha. It was further decreed that the defendants 1 to 3 and their agents shall be permanently restrained from entering into or interfering with the land as they have no right to enter into and interfere with it. Being aggrieved by such order, the instant appeal is by defendants 1 to 3.

2. As per the plaint averments, the suit was filed by Smt. Parvati Shivare in her individual capacity as also being the mother of minor son Ravindra Kumar Shivare who was arrayed as Plaintiff No.2 seeking a declaration that the sale deed dated 31.05.2005 made by the defendants as null and void and permanent injunction was also prayed for. The order sheet would show that the suit was filed on 12.06.2012. The plaintiffs averred that the lands s

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