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2018 Supreme(P&H) 4756

AMOL RATTAN SINGH
Nishi Bhargava And Others – Appellant
Versus
Gyaneshwar Bhargava And Another – Respondent


Advocates Appeared:
Mr. Vivek Khatri, Advocate, for the Appellant.; Mr. Vineet Chaudhary, Advocate, for the Respondent.

JUDGMENT

Amol Rattan Singh, J. - By this petition, the petitioners challenge the order of the learned trial Court (Civil Judge (Junior Division), Hisar), dated 25.11.2016, by which their application under Order 7 Rule 11 of the Civil Procedure Code (hereinafter to be referred to be as the Code), seeking rejection of the plaint in the suit filed by the first respondent herein, has been dismissed.

The suit filed by the respondent is one seeking a declaration to the effect that he as also the defendants, including the proforma defendant (also a proforma respondent in the present petition), are all joint owners in possession of their respective shares of the suit property as has been described in the plaint, they all being immediate descendents of Shri Ishwar Chand Bhargava, (the first petitioner being the wife of the immediate descendent of Ishwar Chand), with the suit property having therefore devolved equally upon them.

The 'ancillary relief claimed is that the respondent-plaintiff and the proforma defendant are entitled to possession of specific portions of the suit property, after its partition by metes and bounds.

Lastly, a relief of prohibitory injunction is sought against the co

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