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2019 Supreme(MP) 616

VANDANA KASREKAR
Kanhaiyalal S/o Bondar Gurjar – Appellant
Versus
Rameshwar S/o Hardev Gurjar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri Sameer Athawale.
For the Respondents: Shri Ashok Garg, Shri Sapnesh Garg.

ORDER :

1. The applicants have filed present Civil Revision under Section 115 of the C.P.C. challenging the order dated 7.5.2018 passed by the Additional District Judge, Khategaon, District-Dewas in Misc. Appeal No. 5/2017, whereby reversing the order dated 30.1.2017 passed by the Civil Judge, Class-II, Khategaon, District-Dewas in MJC No. 20/2014.

2. The non-applicant No. 1 has filed a civil suit for declaration of title and permanent injunction against the applicants with respect to the agricultural land bearing Survey No. 632/5 area 1.028 hectare and Survey No. 654/1 area 1.320 hectare situated at village Sandalpur, Tehsil Khategaon, District-Dewas. Along with the said suit, the non-applicant No. 1 has also filed an application under Order 39 Rule 1 and 2 praying therein for restraining the applicants from making any interference in the possession of the non-applicant No. 1 over the suit land. The said application was allowed by the trial court vide order dated 29.10.2013. The said civil suit was subsequently, decreed by the trial court on 30.6.2014. Thereafter, the non-applicant No. 1 has moved an application under Order 39 Rule 2-A of the CPC before the trial court stating there

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