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2007 Supreme(MP) 375

ABHAY M.NAIK
POONAMCHAND – Appellant
Versus
MURTI MADANMOHANJI – Respondent


Advocates Appeared:
B.L.Pavecha, NITIN PHADKE, Sanjay Joshi,

Judgment

( 1. ) PETITION has been preferred against the order dated 30-11-2006 (Annexure P-1) rejecting thereby an application dated 11-12-2003 submitted under Section 10 of the Code of Civil Procedure.

( 2. ) SHORT facts leading to the petition are that the petitioner purchased the suit property vide registered sale deed dated 7-4-1978 from one Sohanlal pujari for a consideration of Rs. 40,000/-, Manager Court of Wards (Tehsildar) Ratlam, on an application submitted before him by Sanatan Dharm Sabha, ratlam, declared it as a Government property. Petitioner challenged it by instituting Civil Suit No. 143-A/98. He prayed for declaration of title in his favour. Permanent injunction was also sought against the State of Madhya pradesh as well as Manager Court of Wards to the effect that the mutation in favour of State of Madhya Pradesh in the record of Municipal Corporation, ratlam may beleted. Copy of the plaint is on record as Annexure P-6. The suit was contested by the then defendants by submitting a written statement and issues were raised" therein by the Court of Additional Judge to the Court of First civil Judge Class- I, Ratlam, Issue No. 1 (A) pertained to the title and possessio





















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