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2022 Supreme(Raj) 2508

PRAKASH GUPTA
Pratap Singh Choudhary – Appellant
Versus
Mahadev – Respondent


Advocates appeared:
R.K. Mathur, Sr. Advocate and Ram Pratap, Advocate, for the Appellant
J.P. Goyal, Sr. Advocate, Amit Jindal, Anurag Shukla and Shovit Jhanjharia, Advoates, for the Respondents

JUDGMENT

Prakash Gupta, J. - This Civil First Appeal has been filed by the appellant-plaintiff (for short, 'the plaintiff) against the order dated 14.9.2021 passed by Addl. District Judge No. 2, Sambhar Lake, District Jaipur (for short, 'the trial court') in Civil Suit No. 8/2020 (4/2019), whereby the applications filed by the respondents-defendants no. 1 to 4 and 9 (for short, 'the defendants') under Order 7 Rule 11 CPC have been allowed and the suit filed by the plaintiff for declaring the judgment and decree dated 5.3.1998 as also the sale deed dated 15.2.2019 as null and void, partition declaration and permanent injunction has been dismissed.

2. Facts of the case are that the plaintiff filed a civil suit against the defendants for declaring the judgment and decree dated 5.3.1998 passed by ADJ, Sambhar Lake in Civil Suit No. 8/1997 as null and void, for declaring the sale deed dated 15.2.2019 as null and void, for partition, declaration and permanent injunction, wherein it was averred that the plaintiff and defendants are the successors of late Shri Suwa Lal Ji Jat, R/o village Rasulpura, Tehsil Phulera, Distt. Jaipur. Plaintiff and defendants' forefather Suwa Lal Ji died on 20.6.

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