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2017 Supreme(Raj) 2710

VEERENDR SINGH SIRADHANA
Ramakant Modi – Appellant
Versus
Girdhari Sarawagi Mahajan – Respondent


Advocates Appeared:
Mr. Anoop Dhand, Advocate, for the Petitioners; Mr. Rahul Kamwar, Advocate, for the Respondents

JUDGMENT

ORDER

Veerendr Singh Siradhana, J. - The matter comes up in an interim application number 3116 of 2017, with a prayer for vacation of the ex-parte interim order dated 22nd September, 2013. However, in view of the fact that the controversy is within a narrow compass; the matter was taken up for final adjudication, at this stage, with the consent of the counsel for the parties.

2. Heard learned counsel for the parties.

3. The essential material facts necessary for appreciation of the controversy are that the plaintiff/respondents instituted the suit proceedings for declaration and cancellation of sale deed dated 24th July, 2006, while praying for possession and damages along with permanent injunction. The petitioner/defendants (for short "petitioners"), submitted their written statement on 10th August, 2009, resisting the claim of the plaintiffs/respondents with the statement that the sale deed dated 9th December, 1959, is a forged document on the basis of which suit proceedings have been instituted while seeking a declaration and cancellation of the sale deed dated 24th July, 2006. It is not in disputed that an application under Order 8, Rule 1-A(3) of the Code of Civil Proc

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