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2023 Supreme(MP) 631

SUBODH ABHYANKAR
Manorama – Appellant
Versus
Sudha – Respondent


Advocates Appeared:
Pranjali Pandya, Advocate

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The case involves a civil suit for cancellation of a sale deed and for a permanent injunction concerning a property that is alleged to be joint family property (!) (!) .

  2. The defendants filed an application under Order 7 Rule 11 of the Civil Procedure Code (CPC), arguing that the suit should be rejected because the plaintiff did not seek possession of the property (!) .

  3. The court rejected the application, holding that since the suit property is a joint property and the plaintiff claims an equal share, the suit cannot be rejected solely based on the plaint's averments (!) (!) .

  4. The court emphasized that in a suit for partition, property belonging to one co-sharer is deemed to be held on behalf of all co-sharers, and possession need not be explicitly claimed at this stage (!) (!) .

  5. The court clarified that the suit's maintainability is not affected by the absence of a specific claim for possession, especially when the plaintiff alleges joint ownership and sale without partition (!) .

  6. The court noted that the decisions relied upon by the defendants, which were based on full trial judgments, are not applicable to the application under Order 7 Rule 11, which considers only the pleadings (!) .

  7. The court found no illegality or jurisdictional error in the trial court's decision to reject the application and dismissed the civil revision petition (!) .

  8. The court also urged the trial court to expedite the proceedings and conclude the case within a year, considering the case has been pending since 2016 (!) .

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JUDGMENT

SUBODH ABHYANKAR, J. - This civil revision has been filed by the petitioners/defendants no.1 and 2 under Sec. 115 of the C.P.C. assailing the order dtd. 23/3/2023 passed by the 26th Additional District Judge, Indore (M.P.) in RCS No.101/2016 whereby, the application filed by the petitioner/defendant No.1 under Order 7 Rule 11 of the C.P.C. has been rejected.

2. In brief, the facts of the case are that the civil suit has been filed by the respondent No.1 for cancellation of the sale deed and permanent injunction of the suit property against the petitioners and defendants No.2 to 4.

3. In the aforesaid civil suit, the defendant no.1 and 2/petitioners have also filed their written statement and it is also contended in their written statement that the petitioners have not sought the relief of possession of the property despite the fact that the suit property is in possession of the defendant No.4 and, hence, the suit is liable to be rejected. Thus, a separate application to this effect under Order 7 Rule 11 of the CPC was also filed, citing Sec. 34 of the Specific Relief Act, 1963.

4. The plaintiff filed her reply to the aforesaid application contending that the suit property i

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