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2023 Supreme(MP) 164

SUBODH ABHYANKAR
Pradeep Singh Sengar – Appellant
Versus
Dilip Budhani – Respondent


Advocates:
Arpit Singh for petitioners;
Rakesh Kumar Laad for respondents.

ORDER

1. This Civil Revision under section 115 of the Civil Procedure Code,1908 against the order dated 12.3.2021, passed in RSCA No.286/2019 by the Second Civil Judge, Class-II, Indore whereby, the petitioners'/defendants' application filed under Order 7 Rule 11 of the C.P.C. for dismissal of the plaint has been rejected.

2. In brief, the facts of the case are that the respondent No.1/plaintiff has filed a civil suit for declaration and injunction in respect of the land situated at village-Chota Bangda, District-Indore admeasuring 17,897 sq. feet. The case of the plaintiff is that earlier he had purchased 20,000 sq.ft. of land out of 37,897 sq.ft. of land from the defendants in the year 1999. According to the plaintiff, this land could not be sold in piecemeal manner and at the time of execution of the sale deed, it was also assured by the defendants no.4 and 5 that remaining land shall also be sold to the plaintiff only but still an agreement was entered into with the defendants no.2 to 4 which was also challenged by the plaintiff in Civil Original Suit No.11A/2011 which was decreed on 23.01.2014 and it was declared that the said sale agreement is null and void, and plaintiff'

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