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2023 Supreme(P&H) 2841

ARUN MONGA
Maya Rani – Appellant
Versus
Ranbir Singh – Respondent


Advocates Appeared:
Mr. R.S. Mamli, Advocate for petitioners.
Mr. Krishan Singh, Advocate for Respondents No.1 to 3.
Mr. Ravinder Malik, Advocate for Respondent No.11.

JUDGMENT

Arun Monga, J. (Oral)

Petition herein is for setting aside order dated 31.05.2014 (Annexure P-1) passed by learned Additional Civil Judge (Senior Division), Yamuna Nagar at Jagadhri whereby petitioner-plaintiffs were directed to ad valorem Court fee on the amount of Rs.47,95,862/- in a suit for declaration and permanent injunction with consequential relief of mandatory injunction.

2. Learned counsel for petitioner-plaintiffs would contend that plaintiff No.4/proforma respondent No.12 entered into an agreement with defendants No.1 to 3 to sell land @ Rs.12,55,000/- per acre. An amount of Rs.6,00,000/- was paid as earnest money at the time of agreement to sell. Petitioners paid total sale consideration of Rs.46,90,562/- and spent Rs.1,00,000/- on stamp and registration. He would further contend that upon discovery, petitioners found that mutation No.2487 was entered in the name of defendant No.7 on the basis of sale-deed dated 28.08.2009 regarding land measuring 15K-1M. He would contend that plaintiffs filed suit for declaration qua property in question against defendants-respondents along with consequential relief of mandatory injunction directing defendants No.1, 3 and 11 t

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