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2016 Supreme(MP) 603

VIVEK AGARWAL
Maharaja Agrasen Grah Nirman Sahkari Sanstha – Appellant
Versus
Rakesh Kumar Mondal – Respondent


Advocates:
Anil Kumar Shrivastava for petitioner.

ORDER

1. Revisionist/defendant No.1 has filed this revision against the order dated 26.8.2016 passed by the Court of IIIrd Civil Judge, Class-II, Guna, whereby an application under Order 7 rule 11 read with section 151 of CPC has been dismissed.

2. The brief facts leading to the present civil revision are that plaintiff has filed a suit for declaration and permanent injunction wherein he has sought relief that he be declared as Bhoomiswami and possessor of the land contained in Survey No.25 measuring 0.658 hectare situated at Patwari Halka No.74 at village Nonakhedi, Tahsil Guna, District Guna, and further relief that persons causing obstruction in agricultural activities be restrained from illegal activities and defendant No.1 be stopped from carrying out illegal construction. It was also prayed that permanent injunction be issued against defendant No.1 in interfering in the possession of the land belonging to the plaintiff.

3. An application under Order 7 rule 11 of CPC was filed by defendant No.1, which is a Cooperative Housing Society, seeking dismissal of the suit filed by the plaintiff on the ground that plaintiff has not made compliance of section 94 of the MP Co-operative Soc










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