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2024 Supreme(All) 408

JAYANT BANERJI
Siya Dulari – Appellant
Versus
Awadh Naresh – Respondent


Advocates Appeared:
For the Petitioner: Krishna Mohan Garg.
For the Respondent: Satyvrat Tripathi, Birendra Singh.

JUDGMENT :

1. Heard Mr. Krishna Mohan Garg, learned counsel for the plaintiff-petitioner and Mr. Brijendra Kumar (Advocate Roll-A/B 0457/23), Advocate holding brief of Mr. Birendra Singh, learned counsel for the defendant-respondent.

2. This petition has been filed seeking to set aside the judgment and order dated 24.12.2021 passed by the Nyayadhikari, Gram Nyayalaya, Manikpur, District-Chitrakoot passed in New Original Suit No. 41/2020 (Old Original Suit No.329/2018) (Smt. Siya Dulari Vs. Awadh Naresh).

3. The contention on behalf of the petitioner is that the plaintiff-petitioner instituted a suit for declaring a sale deed registered on 2.6.2018 as a void document as well as for permanent injunction with regard to the suit property. This suit was instituted as Original Suit No. 329 of 2018 in the court of Civil Judge (Junior Division), Chitrakoot and pleadings were exchanged. The contention is that after coming into force of the Gram Nyayalayas Act, 2008,[Act, 2008], the District Judge by an order dated 11.9.2020 directed that the record of the suit be transferred to the Gram Nyayalaya, Manikpur and, accordingly, on 14.9.2020, an order was passed by the court concerned transferring

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