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2014 Supreme(Raj) 694

ARUN BHANSALI
Ram Narayan – Appellant
Versus
Mangi Lal – Respondent


For the Petitioner:Ms. Charu Rai for Dr. Sachin Acharya, Advocates.
For the Respondent:Mr. Sanjay Nahar, Advocate.

Headnote: Read headnote

JUDGMENT

1. - This revision petition is directed against the order dated 16.1.2012 passed by the trial court, whereby the application filed by the petitioner under Order 7, Rule 11 (d) CPC has been rejected.

2. The facts in brief may be noticed thus : the respondent No.1 Mangi Lal filed a suit for permanent injunction and declaration in relation to a bore-well, water pump and electricity connection claiming ⅛th share in the said well, motor and electricity connection situated at Araji No.2968. It was inter-alia claimed in the plaint that the land in question originally belonged to Ram Narayan, Satya Narayan and their brothers Surya Prakash and Om Prakash. Out of the said land, Om Prakash sold the land to Smt.Hangami Devi and Surya Prakash sold ⅛th portion to the plaintiff and ⅛th portion to the defendant No.6 Bhanwar Lal. The bore-well etc. are situated in land belonging to Smt. Hangami Devi and an agreement dated 2.7.2009 was executed by said Smt. Hangami Devi in favour of Ram Narayan, Satya Narayan, Om Prakas

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