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2016 Supreme(MP) 84

ROHIT ARYA
Om Prakash Gupta (Dr. ) – Appellant
Versus
Shanti Grih Nirman Sahakari Sanstha – Respondent


Advocates:
K.S. Tomar with Sanjay Singh Tomar for petitioner;
Amit Lahoti for respondent.

ORDER

1. Heard.

2. This review petition has been filed by one Dr. Om Prakash Gupta, seeking review of the order passed in First Appeal No.14/2005 on 19.2.2014 whereby the appeal was permitted to be withdrawn.

3. Shri O.P. Gupta had originally filed the aforesaid first appeal as the appellant.

4. On notice, respondents were represented. During the pendency of appeal an I.A. No.1109/2008 was filed under Order 22 rule 10 of CPC at the instance of one Shree Shanti Grih Nirman Sahakari Sanstha Maryadit Gwalior (hereinafter referred to as “the Society”) through Advocate Shri Sanjeev Jain on 17.1.2008 with the prayer that the said Society be substituted for appellant and leave of the Court was sought to continue and prosecute the appeal on the premise that vide two sale-deeds dated 19.3.2004 the appellant had transferred the land in question in favour of the society, after same having fallen to his share in partition among the members of the family. Therefore, the society has acquired right, title and interest to the suit property in question. This application was supported by an affidavit of the President of the Society Sambhav Jain son of Haris Chand Jain with following prayer:-

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