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2010 Supreme(Raj) 868

SANGEET LODHA
Ratan Lal – Appellant
Versus
Devi Bai – Respondent


Advocates Appeared
B.L. Choudhary, for Petitioner;
S.S. Sishodia, for Respondent

Hon'ble LODHA, J.—This writ petition is direct against order dated 17.11.2008 (Annexure 5) and dated 9.3.2009 (Annexure 7) passed by the District Judge, Rajsamand in Civil Suit No. 86/2008. By order dated 17.11.2008, the Trial Court directed the parties to remain present for examination of the parties under Order X of CPC and by order dated 9.3.2009, an application preferred by the petitioner/plaintiff seeking leave to amend the plaint, stands rejected.

2. The petitioner/plaintiff filed a suit for cancellation of sale deed and permanent injunction against the respondents/defendants. The suit is being contested by the defendant No. 1, the respondent No. 1 herein, by filing a written statement thereto.

3. On an application being preferred by the petitioner/plaintiff seeking temporary injunction, vide order dated 27.8.2008 the Trial Court directed both the parties to maintain the status quo at the site regarding the disputed property so also in the revenue record. On 27.8.2008, the petitioner submitted application for appointment of Commissioner for local investigation so as to bring the correct factual position at the site on record. The application was allowed by the trial Court vide
















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