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2023 Supreme(MP) 634

SUBODH ABHYANKAR
Jyotsana Sanghi – Appellant
Versus
Gita Sanghi – Respondent


Advocates Appeared:
R.S. Jaiswal, Advocate, Abhinav Malhotra, Advocate, A.K. Sethi, Advocate, Manu Maheshwari, Advocate

JUDGMENT

SUBODH ABHYANKAR, J. - This appeal has been preferred by the appellant/plaintiff under Sec. 96 of the Code of Civil Procedure 1908 (hereinafter to be referred to as 'CPC') against the judgement and decree dtd. 14/5/2022, passed by the District Judge, Indore in Civil Suit RCS-A No.1228-A/2021; whereby, the plaint filed by the appellant has been rejected under Order 7 Rule 11 of the CPC.

2. In brief, facts of the case are that the appellant/plaintiff has filed the civil suit for declaration of title, permanent and mandatory injunction, possession and other consequential reliefs against the respondents/defendants.

3. Undisputedly, the appellant/plaintiff is the daughter of Late Shri Sharad Kumar Sanghi whose Will dtd. 7/8/2019, is being sought to be executed by the plaintiff in this suit.

4. In the aforesaid civil suit, number of reliefs have been sought by the plaintiff surrounding the Will dtd. 7/8/2019, suffice it to say that they run into five foolscap pages.

5. After the defendants were served in the suit, instead of filing the written statements, two applications under Order 7 Rule 11 of the CPC were filed by them, one by the defendant no.2 Ragni Sanghi, whereas the othe

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