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2014 Supreme(MP) 389

ROHIT ARYA
Kedarnath Neekhra – Appellant
Versus
Suprabhat Grih Nirman Sahkari Sanstha Mydt. , Shivpuri – Respondent


Advocates:
M. S. Shrivastava for petitioners; Vivek Jain for respondent No.1.

ORDER

1. This revision petition is directed against the order dated 16.4.2012 passed in Civil Suit No.36A/2011. An application under Order VII rule 11 of CPC filed by defendants No.1 and 3 has been rejected.

2. Facts necessary for disposal of this petition are to the effect that plaintiff is a cooperative housing society and has filed a suit through its President Rahul Birthare for declaration and permanent injunction seeking declaration to the effect that plot No.12 falling in survey No.163 situated at village Rajpura, District Shivpuri is of plaintiff’s ownership and possession. Further, the registered sale deed dated 10.10.1991 executed by plaintiff in favour of defendant No.1 and sale deed dated 22.10.2009 executed by defendant No.1 in favour of defendant No.3 be declared as null and void and lastly defendants be restrained from making encroachment over the suit land and raising construction thereupon. Defendant No.1 is the member of plaintiff-society and while he became the member, defendant No.1 had sworn an affidavit on 2.10.1991 that he shall abide by all the rules/bylaws of the society and same shall be binding upon him. Thereafter, by virtue of defendant No.1 being a membe





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