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2014 Supreme(MP) 643

ROHIT ARYA
Kulwant Singh – Appellant
Versus
State of M. P. – Respondent


Advocates:
J. P. Mishra for petitioner; N. S. Kirar, Panel Lawyer for respondents/State; D. D. Bansal for applicants/Intervenors.

JUDGMENT

1. Delink, Second Appeal No.609/2008 and Contempt Case No.134/2013. By this petition under Article 226 of the Constitution of India, petitioner, Kulwant Singh s/o Inder Singh has sought for a direction to the respondent No.3, Sub-Registrar to register the sale deed dated 20.4.2011.

2. Relevant facts for disposal of this petition are in narrow compass:

3. There is a title dispute pending in the form of Second Appeal No.

609/2008 (Ramnarayan and others v. Savitri Bai and others). The applicants/intervenors are the appellants and vendors shown in the aforesaid sale deed are respondents in the second appeal.

4. This Court while admitting Second Appeal No.609/2008 on 17.2.2010 has framed the following substantial questions of law and as a measure of interim protection under Order XLI rule 5 CPC (I.A.No.1031/2006) had directed that the status quo as regards possession of the suit property shall be maintained by the parties.

“(i) Whether the Courts below were justified in decreeing the suit for declaration and exclusive possession of ½ share without there being any relief of partition claimed by the plaintiffs in the plaint ?

(ii) Whether in absence of a specific challenge being m




























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