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2013 Supreme(All) 173

S.U.KHAN
RAM DHANI – Appellant
Versus
DISTRICT JUDGE, GORAKHPUR – Respondent


Advocates:
Counsel :
Arvind Srivastava for the Petitioner; S.C. for the Respondents.

JUDGMENT

Hon’ble S.U. Khan, J.—No one has appeared on behalf of respondents. Heard learned counsel for the petitioner.

Ram Subhag since deceased and survived by Harihar Singh, respondent No. 3 in this writ petition instituted O.S. No. 695 of 1999 against Smt. Indrawati Devi and Om Prakash Yadav, respondent Nos. 4 and 5 in this writ petition. The suit was filed before Civil Judge, Junior Division, Gorakhpur. The allegation in the plaint of the suit was that about a year before some property was sold by him to defendant No. 2, Om Prakash, however Om Prakash in February, 1999 told the plaintiff that there was some discrepancy in the sale-deed hence a correction deed was to be executed but instead of that defendant No. 2 fraudulently got sale-deed of other property of the plaintiff executed in favour of Indrawati, defendant No. 1 on 4.3.1999. The suit was filed on 27.5.1999. The prayer was that sale-deed got executed from the plaintiff in favour of defendant No. 1, Smt. Indrawati Devi dated 4.3.1999 should be cancelled.

2. In the suit petitioner filed an impleadment application stating therein that Smt. Indrawati Devi had sold the property in dispute to him through registered sale-deed










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