SUJOY PAUL
Bismilla Bee – Appellant
Versus
Arjuman Aara – Respondent
1. This petition filed under Article 227 of the Constitution challenges the order dated 12.10.2011 passed in COS No.73-A/2011. The Court below by the impugned order allowed the application dated 28.8.2012 (Annexure P-7) which was filed by the defendants No.1 to 5 by imposing Rs.500/- as costs and permitted the said defendants to file their written statements.
Facts :
2. The petitioner instituted a suit for declaration of title and permanent injunction against the respondent-defendants. It was prayed therein that the plaintiff be declared as 1/5 share holder in the suit land after partition. Permanent injunction was also prayed for to restrain the defendants from alienating the property and from making any interference in joint possession of the plaintiff over the suit land. The Court below issued notices to the defendants. Defendants entered appearance before the Court. Out of seven defendants, only defendants No.6 and 7 filed their separate written statements. It is submitted by Shri Abhishek Bhadoriya that defendants No.2 to 6 are real sisters and are represented before Court below through a common and single Advocate namely Shri L.N. Dandotiya. It is urged that said counsel i
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