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2013 Supreme(MP) 138

A.K.Shrivastava
Fehmidabegum – Appellant
Versus
Premwati – Respondent


Advocates:
R.P. Agrawal with Pramod Sahu for applicants/plaintiffs; A.K. Jain for respondent No. 1/defendant No. 1.

ORDER

1. This revision application has been filed under section 115 of CPC against the order dated 26.9.2006 passed by 4th Additional District Judge (Fast Track Court) Katni in Misc. Civil Appeal No. 15/2006 whereby the appeal filed on behalf of plaintiffs has been rejected and order dated 13.12.2005 passed by learned Second Civil Judge, Class-II Katni in Civil Suit No. 141A/2005 returning the plaint to the plaintiffs to present in the proper Court has been affirmed.

2. Looking to the short point involved in the revision, the facts in detail are not narrated. Suffice it to say that by claiming 5/12th share in the suit property the plaintiffs have filed a suit for declaration that sale-deed dated 1.5.2005 executed by defendents 2 and 3 in favour of first defendant is against the law and is void and on the basis of said sale-deed the defendent No. 1 did not become sole owner of the shop marked as ‘A’, ‘E’, ‘F’ and ‘H’ because the plaintiffs are having 5/12th share in it. A decree of permanent injunction has also been sought that first defendent with the help of her husband, other relatives and well-wishers may not dismantle the ‘A’, ‘E’, ‘F’ and ‘H’ portion and its nature may not be ch




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