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2023 Supreme(Chh) 683

RAKESH MOHAN PANDEY
Vinod Jaiswal S/o Late Siyaram Jaiswal – Appellant
Versus
Kaushalya Bai W/o Vishvanath Jaiswal – Respondent


Advocate Appeared:
For the Appellant :Mr. Ratnesh Kumar Agrawal and Ms. Prabha Sharma, Advocates

JUDGMENT :

1. Heard on Admission.

2. The appellant/plaintiff has challenged the judgment and decree dated 28.08.2017 passed by the VIIth Additional District Judge, Bilaspur whereby Civil Appeal No.17A/17 preferred by the appellant/plaintiff was dismissed and counter appeal bearing Civil Appeal No.73A/17 preferred by respondents/defendants No.1 to 3 was allowed.

3. For the sake of convenience, the parties shall be referred hereinafter as per their status before the learned Civil Court.

4. Facts of the present case are that the plaintiff, in respect of shop (Survey No.1418/10 ad-measuring 0.01 acre) situated at village Beltara, Patwari Circle No.68, filed a civil suit for declaration of title and permanent injunction. The plaintiff is the son of Late Siyaram Jaiswal whereas defendants No.4 to 6 namely, Asha Jaiswal, Anand Jaiswal and Ku. Rajni Jaiswal are his siblings. The suit shop was purchased by the father of the plaintiff through a registered sale deed on 19.10.1976 from Kedar Prasad Jaiswal.

5. After the death of the father of the plaintiff, the plaintiff and defendants No. 4 to 6 got possession of the suit property and defendants No. 1 to 3 were trying to dispossess the plaintiff,

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