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2023 Supreme(P&H) 1097

ARCHANA PURI
Rajender Singh – Appellant
Versus
Pawan – Respondent


Advocates appeared:
Mr.Deepak Girotra and Mr.Rishab Goyal, Advocates for the petitioner.
None for respondents No.1 and 2, despite service (as observed in the order dated 21.05.2019).
None for respondent No.3

ARCHANA PURI, J.

1. Challenge in the present revision petition is to the order dated 03.07.2018 (Annexure P-4), whereby, an application under Order 7 Rule 11 read with Section 151 CPC (Annexure P-2), filed by respondents No.1 and 2 has been allowed.

2. The material facts as culled out from the paperbook are that, petitioner-plaintiff Rajender Singh had filed a suit for declaration with consequential relief of permanent injunction against respondents No.1 and 2 (defendants No.1 and 2 before the Court below), who are the sons of brother of the petitioner, thereby, claiming himself to be owner in possession of the land measuring 122 Kanal 2 Marla, situated at village Bhainsru Kalan, District Rohtak, to the extent of 305/9768 share and house measuring 126 sq. yards, situated within the Lal Dora of the said village. Further, it was also stated that he was owner in possession of a plot measuring 92 sq. yards, situated within Lal Dora of village Bhainsru Kalan and respondents No.1 and 2 are his nephews. After the death of father of respondents No.1 and 2, the petitioner, who had no child, started looking after respondents No.1 and 2, educated and maintained them. Further, it is asserted in

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