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2009 Supreme(MP) 1184

ABHAY M.NAIK
SUNIL KUMAR – Appellant
Versus
OM PRAKASH GARG – Respondent


Advocates Appeared:
N.D.Singhal, P.K.Patni, Anand Bhardwaj

Judgment

Abhay M. Naik,J.

( 1. ) This judgment disposes of S.A.No.253/07 and S.A.No.362/07. since they arise from common suit and common judgment and decree passed in the matter.

( 2. ) Facts relevant for the purpose of both the appeals emerging from the material on record are that there situated an agricultural land in village Sesai,Tahsil Kolaras,District Shivpuri comprised in survey No.1706 in area 0.08 hectare, survey No.1707 in area 0.53 hectare, survey No.1709 in area 0.66 hectare and survey No.1710 in area 0.66 hectare which was owned by Raghuvar and Baldeva having 1/3rd share each and Babulal and Ramcharan having l/3rd share. Suit is in respect of the aforesaid land except survey No. 1709.Baldevas l/3rd share was purchased by Hariram through legal heirs of the former vide registered sale deed dated 26-02-1988(Ex-D/1).Plaintiff, Dr. Omprakash purchasedthe suit land from Raghuvar,legal heirs of Baldeva,Babulal and Ramcharan vide registered sale deed dated 17-03-1992 (Ex-P/2). There occurred a partition between Raghuvar,Babulal,Ramcharan and legal heirs of Hariram on 10-02-2000 through revenue Court as is revealed in Ex-D/3.Sunil Kumar,original defendant No.18 (appellant of S.A.N




















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