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2010 Supreme(MP) 382

U.C.MAHESHWARI
Pandru – Appellant
Versus
Dharam Singh – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: K.B. Bhatnagar
For Respondents/Defendant:R.S. Saini for respondent Nos. 1(B) to 1(C) and 3 and Yogesh Dhande, Panel Lawyer for respondent No. 4/State

JUDGMENT

U.C. Maheshwari, J.

1. The appellants/plaintiffs have directed this appeal under section 100 of the Civil Procedure Code being aggrieved by the judgment and decree dated 9-8-2004 passed by District Judge, Mandla in Civil Regular Appeal No. l-A/97 upholding the judgment and decree dated 20-11-1996 passed by Additional Civil Judge Class-I, Mandla in Civil Original Suit No. 22-A/96 dismissing their suit filed against the respondents for declaration, perpetual injunction and possession with respect of the landed property described in the plaint.

2. Facts giving rise to this appeal in short are that appellant No. 1 and his wife Smt. Suhawan (since deceased) the predecessor of appellant No. 2-A to 2-F filed a suit for quashment of the ex-parte judgment and decree passed by Ist Civil Judge Class-II on dated 8-11-1977, in Civil Original Suit No. 54-A/1977, (whereby decreeing the suit of the principal defendant No. 1 (since deceased) Devlal (the predecessor in title of the respondents 1-B and C) the registered gift deed dated 5-2-1969 as alleged executed by late Punwa (the father of said Devlal) in favour of appellant No. 1 and said Suhawanbai was declared to be void, and by declaring

























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