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2019 Supreme(MP) 513

ANAND PATHAK
Sarita Sharma – Appellant
Versus
State of M. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K. N. Gupta, Senior Counsel with R. S. Dhakad
For the Respondents:Rajkumar Mishra, Government Advocate, Abhishek Singh Bhadouriya

JUDGMENT :

1. With consent, heard finally.

The instant first appeal under section 96 of Code of Civil Procedure has been preferred at the instance of appellant (hereinafter referred as “plaintiff”) being crestfallen by the judgment and decree dated 25-11-2002 passed by VI Additional District Judge, (Fast Track Court), Gwalior, whereby suit preferred by the appellant/plaintiff has been dismissed.

2. Precisely stated facts of the case are that appellant/plaintiff filed a suit against the respondents (hereinafter referred as “defendants”) for declaration of title, possession and permanent injunction in respect of suit property situate at Municipal Corporation bearing Nos. 32/752, 32/752/1 and 35/752/2. As per the pleadings, plaintiff purchased the first plot vide registered sale deed dated 3-10-1981 from Smt. Anuradha Pathak and Smt. Minakshi Sharma, second plot vide registered sale deed dated 12-4-1982 from Smt. Minakshi Sharma and third plot vide registered sale deed dated 12-11-1987 from Brij Kishore. At the time of purchase, they were the owners of the disputed suit property and their names were mentioned in Municipal Corporation, Gwalior as owners. It is further submitted that found

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