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2023 Supreme(Chh) 32

GOUTAM BHADURI, N. K. CHANDRAVANSHI
Vaman Sharma S/o. Mr. Gulabchand Dubey – Appellant
Versus
Namita Baidhmutha W/o. Mr. Nareshchand Baidhmutha – Respondent


Advocates Appeared:
For the Appellants : Ms. Sameeksha Gupta.
For the Respondents: Mr. Neeraj Pradhan, Panel Lawyer.

ORDER :

Goutam Bhaduri, J.

1. Heard.

2. The instant appeal is filed against judgment and decree dated 30.10.2018 passed by 1st Additional District Judge, Durg (CG) in Civil Suit No.123-A/2016, whereby the suit filed for declaration, injunction and cancellation of the sale deed dated 11.7.2013 (Ex-P/1) was dismissed. The plaintiffs/appellants filed a suit claiming for cancellation of the sale deed dated 11.7.2013 (Ex-P/1) executed by Gulabchand Dubey/defendant No.2 in favour of Smt. Namita Baidhmutha/defendant No.1 to be void one. To appreciate the rights, the relation of parties would be necessary. Description of the parties i.e. the plaintiffs/appellants and defendant No.2 (since deceased) shown herein as under:-

 

Laxminath Dubey

(Great grand Father)

 

Yogendra nath Dubey

(Grand Father)

Gulabchand

Respondent No.2

Yugalkishore

Daulat Prasad

 

 

 

Vaman Sharma

(A-1 Son)

Namrata Sharma

(A-2 Daughter)

Naina Tiwari

(A-3 Daughter)

3. The plaintiffs/appellants contended that without any legal necessity, Gulabchand Dubey, father of the plaintiffs

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