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2024 Supreme(Raj) 239

BIRENDRA KUMAR
Om Prakash S/o Shimbhulal Vyas – Appellant
Versus
Nandlal S/o Madanlal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Shree Dhar Purohit, Mr. Ram Sukh Mali
For the Respondent: Mr. Narendra Thanvi

JUDGMENT :

1. Respondent no.1 Nandlal brought Civil Original Suit No.224/2009 under Section 6 of the Specific Relief Act, 1963 for recovery of possession against the petitioners and the proforma respondents. The suit was decreed by judgment and decree dated 09.02.2021. Since Sub-Section (3) of Section 6 of the Specific Relief Act, 1963 prohibits maintainability of appeal or review against any order/ decree passed under Section 6 of the Specific Relief Act, 1963 this revision petition under Section 115 of CPC has been filed.

2. Case and claim of plaintiff-respondent was/is that Simbhulal and his two sons Madan Lal & Om Prakash Vyas had jointly acquired Patta No.259 in respect of Plot No.990 in the year 1946-1947. Madan Lal was father of respondent no.1 Nandlal Vyas. The petitioners herein Om Prakash Vyas is another son of Simbhulal and petitioner no.2 is son of Om Prakash Vyas. The plaintiff asserted that after the death of Simbhulal Ji, though, Plot No.990 and the house standing thereon was never partitioned by metes and bounds but the co-sharers were conveniently using different portions of the suit property. The portion of Plot No.990 shown within “ABCD” was occupied by plaintiff N

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