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ASHISH SHROTI
Satpal (Satyapal) Singh – Appellant
Versus
Vidha Bai – Respondent
ORDER
1. The appellants/plaintiffs have filed this miscellaneous appeal under Order 43 tule 1(u) of Code of Civil Procedure, challenging the judgment dated 23.3.2019 passed by 4th Additional District Judge, Shivpuri in Civil Appeal No.39-A/2015 and Civil Appeal No.40/2015, whereby learned appellate Court after setting aside the judgment and decree passed by the trial Court has remanded the matter after framing four additional issues.
2. The appellants/plaintiffs filed a suit for declaration and permanent injunction inter-alia on the ground that they have purchased suit property from defendants No.1 to 3 and one Pratap Singh and Santosh vide registered sale-deed dated 27.6.2003 and had obtained the possession thereof. On the basis of aforesaid sale, their names were mutated in the revenue record. It is their case that defendants No.1 and 2 with malafide intention sold the suit property to defendant No.4 vide sale-deed dated 16.10.2009 and further the defendant No.4 sold the same to defendants No.6 to 8 vide sale-deed dated 4.1.2011 during the pendency of the suit. The plaintiffs, therefore, sought a declaration that sale-deed executed by defendants No.1 and 2 is null & void and that
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Proper party inclusion is essential in property disputes, and claims of fraud must be substantiated by convincing evidence.
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