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2022 Supreme(MP) 521

ANJULI PALO
SIDDHARTH PATEL – Appellant
Versus
JYOTSNA DEVI wd/o PARMANAND BHAI PATEL (since deceased) SHRAVAN BHAI PATEL – Respondent


ORDER : – The applicant/defendant No. 2 has filed this revision being aggrieved by order (Annexure A-20) dated 3-8-2021 passed by the District Judge (28th), Jabalpur in R.C.S. No. 800023/2015 whereby the applications filed by defendant No. 3 under Order 23, Rule 1-A of Code of Civil Procedure and under Order 1, Rule 10, Civil Procedure Code read with section 151, Civil Procedure Code have been allowed permitting her to be transposed as plaintiff; the application filed by defendant No. 7 Kohinoor Tabacco Private Limited for dismissing the suit as abated has been dismissed and the application filed by defendant No. 1 under Order 22, Rule 4-A read with Order 22, Rule

5 Civil Procedure Code has been dismissed.

2. The facts giving rise to this revision are that plaintiff Jyotsna Devi Patel filed a suit bearing R.C.S. No. 23A/2015 on 16-4-2015 for partition and separate possession of House No. 933, New No. 908, Gol Bazar, Jabalpur and 1/5th share in respect of the agricultural land bearing Survey No. 55, 64, 68, 79, 84, 118, 117/3, 119/2, 165, 167, 173/1, 172/1, 189/3, 189/1, 203/5 and 86/3 total area 60.52 hectare i.e. 149.56 acres situated at village Baderakala, P.C. 27, Tahsil Panagar

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