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2013 Supreme(MP) 743

A.K.SHRIVASTAVA
Kunwar Bai Wd/O Ram Prasad Keer – Appellant
Versus
Gangaram S/O Baliram Keer – Respondent


Advocates Appeared:
For applicants : Saurabh Bhushan Shrivastava
For respondent No. 1: P. K. Kaurav
None for the respondent No. 2.

JUDGMENT :

This revision application under section 115, Civil Procedure Code has been filed at the instance of plaintiffs against the order dated 18-7-2012 passed by learned Second Civil Judge, Class-II, Gadanvara, District Narsinghpur in Civil Suit No. 38-A/2010 whereby the application under Order XXIII, Rule 1(3), Civil Procedure Code filed on behalf of the plaintiff-applicants has been dismissed.

2. The present applicants are the plaintiffs. A suit for declaration that the plaintiffs are having ½ share in the suit property and accordingly they are entitled for getting the property in question partitioned and for separate possession has been filed by the plaintiffs arraying Gangaram as first defendant and State of M. P. as formal defendant No. 2. According to the plaintiffs, the land in question belonged to Late Baliram who was having two sons, namely, Gangaram (first defendant) and Ramprasad (dead). The plaintiffs are the daughters and the widow of the deceased Ramprasad. During the pendency of the suit it came into the knowledge of the plaintiffs that the first defendant Gangaram got the names of his sons Udham Singh, Ramsingh, Malkhan and Moolchand mutated in the revenue record





















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