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2012 Supreme(Raj) 1723

PRASHANT KUMAR AGARWAL
Ranjithmal Chordiya – Appellant
Versus
Shivram Singh – Respondent


For the Petitioner:Mr. Sudhanshu Kasliwal Sr. Advocate, Sukriti Kasliwal and Ms. Silkey Khetan, Advocates.
For the Non-Petitioner:Mr. A.K.Bajpai, Advocate.

JUDGMENT

1. - The defendant-petitioner has preferred this Civil Revision Petition under Section 115 of the Code of Civil Procedure against the order dated 4.8.2011 passed by the Additional District Judge (Fast Track) No.9, Jaipur Metropolitan, Jaipur in Civil Suit No.05/2009 whereby the learned Court below has dismissed the application under Order 7 Rule 11 Civil Procedure Code filed by the petitioner.

2. Brief relevant facts for the disposal of this petition are that plaintiff-non-petitioner No.1-Shri Shivram Singh filed a suit for declaration and permanent injunction against the defendant-petitioner and defendant-non-petitioner No.2-Smt. Guman Kanwar with the averment that his father Late Thakur Panne Singh died on 21.11.1977 when the non-petitioner was minor of the age of about 9 years and he is only son of his father begotten from his second wife defendant-non-petitioner-Smt. Guman Kanwar. It was further averred that his father executed a will dated 19.11.1977 in his favour and he has acquired title and ownership rights in the suit property under the will. It was further submitted that defendant-petitioner-Shri Ranjithmal Chordia fraudulently got executed a registered sale deed











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