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2023 Supreme(Raj) 712

MAHENDAR KUMAR GOYAL
Jagdish, S/o Chitarlal – Appellant
Versus
Dinesh Sharma, S/o. Shri Shambhulal Sharma – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sanjay Kumar Sharma.
For the Respondents: Mr. J.P. Goyal, Sr. Adv. With Ms. Jyoti Swami, Ms. Shalini Sharma.

JUDGMENT :

1. This civil revision petition is directed against the order dated 13.04.2022 passed by the learned Civil Judge, Bundi (for brevity, “the learned trial Court”) in Civil Suit No.17/2022 whereby, an application filed by the petitioner/defendant no.3 (for brevity, “the defendant no.3”) under Order 7 Rule 11 CPC has been dismissed.

2. The relevant facts in brief are that the respondent no.1/plaintiff (for brevity, “the plaintiff”) filed a suit for permanent injunction and mandatory injunction against the respondents no.2 & 3/defendants no.1 & 2 and the defendant no.3 stating therein that he has purchased the subject property comprising of a plot measuring 100 feet x 150 feet from the defendant no.1 through an agreement to sell dated 09.01.2022 and received its possession. It was alleged that instead of executing its sale deed in his favour, the defendant no.1 has sold the subject property to the defendant no.3 on asking of the defendant no.2. Alleging that now the defendants were trying to raise construction on the subject plot, the decree as aforesaid was prayed for. Therein, the defendant no.3 filed an application under Order 7 Rule 11 CPC raising objection as to its maint

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