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2023 Supreme(Jhk) 541

PRADEEP KUMAR SRIVASTAVA
Srimati Vinita Devi – Appellant
Versus
Sanjay Kumar – Respondent


Advocates Appeared:
For the Petitioners: Mr. Pandey Neeraj Rai, Mr. Rohit Ranjan Sinha, Mr. Akchansh Kishore.
For the Respondents: Mr. R.C.P. Sah, Mr. C.A. Bardhan.

JUDGMENT :

The instant civil miscellaneous petition has been preferred by petitioners/plaintiffs for quashing the impugned order dated 03.02.2023 passed in Title Suit No.64 of 2021 by Civil Judge (S.D.) VII, Hazaribagh, whereby and whereunder the application dated 17.11.2022(Annexure-4) filed under order 6 rule 17 of CPC on behalf of plaintiffs has been dismissed.

2. plaintiffs/petitioners have instituted Title Suit No.64 of 2021 claiming relief(s) for declaration of right, title interest over the suit property which the defendants forcibly occupied and illegally dispossessed the plaintiffs and also for recovery of possession coupled with injunction restraining the defendants from raising any construction over the suit land.

3. According to the plaintiffs, the suit property pertaining to Khata No.25, plot No.121 area 8 decimals of land situated in village Masirpirhi District Hazaribagh was purchased by plaintiff No.1 from one Smt. Sudama Sinha wife of Ramjatan Singh through registered sale deed dated 12.11.2018 for valuable consideration amount of Rs.8 lakhs(Rs. Eight lakhs).

4. It is alleged that the vendor of the plaintiffs Smt. Sudama Sinha has purchased the said land from one Smt.

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