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2022 Supreme(MP) 1359

PRANAY VERMA
Ashok Kumar – Appellant
Versus
Vimla Devi – Respondent


Advocates Appeared:
Shri Rishiraj Trivedi, Advocate, for the Appellant; Ms. Archana Maheshwari, Panel Lawyer and Caveator By Shri Manoj Kumar Sahani, Advocate, for the Respondent.

JUDGMENT

1. Learned counsel for the appellant is heard on the question of admission.

2. This appeal under Section 100 of the C.P.C. has been preferred by defendant No.1/appellant against the judgment and decree dated 25.04.2022 passed in Regular Civil Appeal No.79/2019 by the Ist Additional Judge, Jaora to the Court of First Additional District Judge, Jaora, District Ratlam reversing the judgment and decree dated 23.09.2016 passed in Civil Suit No.41-A/2013 by the Civil Judge, Class-I, Jaora, District Ratlam and decreeing the claim of plaintiff/respondent No.1 for declaration of title to the suit land and for partition of the same.

3. As per plaintiff she and defendant No.1 jointly purchased the suit land bearing survey No.8/4/3Kha area 0.222 hectare by a registered sale deed dated 03.09.1992 for a consideration of Rs.55,000/-. Upon purchase they were jointly recorded over the same in the revenue records. When plaintiff obtained copy of the mutation entry from Patwari on 15.11.2016 she found out that the area of the suit land has been reduced to 0.198 hectare. She made inquiries from defendant No.1 in that regard but did not receive any satisfactory response hence issued a notice to h

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